By accessing, or otherwise interacting with, www.powerblockcoin.com website (our “Site” or “Website”) you agree to the following terms (the “Terms”), which constitute a contract between you and Power Block Coin LLC. and its subsidiaries (collectively, “Power Block Coin ” “PBC” or “we, us, our”). IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE OUR SITE.

LICENSE TO USE OUR SITE

Our services are and will be available only to users who meet the requirements under the “Acceptable Use of the Website; Conditions of Your Use” section and who represent and warrant to us that you intend to and will use the loan proceeds for only commercial and business purposes and that the loan will not be used for household, consumer or agricultural purposes. You shall indemnify, defend and hold us harmless for any liability associated with any breach of these representations and warranties. If you meet these requirements and you comply with the Terms, and we have not otherwise terminated your access our Site, we are giving you personal, revocable, non-exclusive, non-transferable, limited permission to enter and use the Site. We may stop or block your access to the Site at any time for any reason. Without this permission, you cannot use the Site. Having this permission does not give you any right to be considered for or obtain any loan from us.

Modifications to the Terms of Use and the Website

We reserve the right to make changes to the Terms of Use at any time. It is your responsibility to review the Terms of Use from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Terms of Use will conclusively indicate that you accept those changes. Notwithstanding the above, we will seek your consent for future modifications to the extent we are required to do so by applicable law.

Electronic Communication

You acknowledge and agree that the communications between you and us are electronic. You consent to receive communications from us in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. We will use reasonable efforts to honor any request you may have to opt out from receiving e- mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by us to you or to any of our customers, investors or borrowers shall be to stop your use of the Website. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

Acceptable Use of the Website; Conditions of Your Use

By using the Website, you agree to (a) the Terms of Use and (b) applicable laws, regulations and generally accepted online business practices. Accordingly, you understand that:

You agree that any information that you provide including but not limited to your identity, finances, and relationships is accurate, correct, and up to date.

You are 18 years of age or older; able to form a binding contract with us; and or authorized by a business entity to engage in financial transactions and have not been banned, terminated, or otherwise denied access by PBC or the law.

Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information and/or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to PBC users, borrowers, investors, lenders or employees.

Except as explicitly permitted by the Terms of Use, you agree not, (and may not allow) others to sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to PBC or any commercial purpose any information or any other intellectual property from or on the Website (including the Content (as defined below), any software on the Website and any products or services sold or offered by PBC, collectively, PBC IP).

You agree not to violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or PBC’s products, services or data, including overburdening, spamming, engaging in a denial or service attack or similar activities (or attempt to do any of the above).

You are solely responsible for all account activity that occurs on or under your account (whether or not expressly authorized by you), and for maintaining the confidentiality of your login details. You and we acknowledge and agree that PBC shall have no liability to you or any other person for acts or omissions made or committed by any agent, representative or third-party service provider in respect of your account.

You agree that you will not transmit to PBC or make available on or upload any information to the Website that: a. Is commercial or promotional in nature (without the prior written authorization of PBC); b. Is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others or capable of giving rise to legal action whether against you or PBC or any affiliate third party; c. Infringes any patent, trademark, trade secret, copyright, or other property rights of any party; d. Impersonates any person or entity (including PBC or its employees and representatives); or e. Contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.

PBC reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, PBC does not control any information provided by other users that may be made available on or through the Website. Notwithstanding PBC’s rights under the Terms of Use, PBC does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time. PBC reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion.

By submitting information, feedback or other material to PBC, if any, including on or through the Website or your PBC Account, you: a. acknowledge that such information is non-confidential, except for any personal financial information; b. grant PBC a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or modifications to existing products) and/or products or services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of the Terms of Use and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights; and c. agree that you will have no claim against PBC or any Released Party (as defined below) for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.

PBC’s Intellectual Property, Copyrights and Identifying Marks

All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of PBC or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information, and that you have no intention of using such materials or information inappropriately or to in any way harm PBC or any of its affiliates, directors, officers or employees.

For purposes of the Terms of Use, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of PBC’s loan information including rate information and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.

You acknowledge and agree that any violation of the provisions of the Terms of Use regarding PBC’s Intellectual Property, Copyrights and Identifying Marks and Acceptable Use of the Website; Conditions of your use above may subject you to compensatory and punitive damages, and shall specifically also entitle PBC to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

Please don’t use our logo or misrepresent that you have a business or commercial relationship. If you agree to do it according to the Terms, you may link to the Site, as long as that the link and the pages activated by the link do not create frames around any page on the Site or use other techniques that alter in any way the visual presentation or appearance of any consent on the Site or otherwise collect information beyond the fact that someone clicked on your link. Using our Site does not mean we are doing business together. Therefore, please don’t use any name, trademark, service mark, symbol, logo (or any abbreviation, contraction or simulation thereof) of, or otherwise refer to, us or our affiliates without our consent (including in any press release, letterhead, public announcement or marketing material) or misrepresent our relationship (or that we have one) or present lies or false or misleading impressions above us or otherwise damage the goodwill associated with our name or trademark. Unless we give you our prior consent in writing, don’t tell anyone that we are in business together or that we have approved or endorsed your product or service or any of your policies or practices: because that will not be true.

LEGAL USES ONLY

You may not use the Site, any Content or any of our services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Power Block Coin or others. In addition to any other rights we may have, we are subject to regulation by various authorities and, if we suspect that you may be doing anything illegal , we retain the right to report you to governmental authorities.

CONFIDENTIAL INFORMATION

If, after providing your contact information on our Site, you obtain any further documentation or information from us, you agree to keep confidential that documentation and information and use it only to obtain loans from us. You may disclose it to employees and affiliates if, in each case, they agree to keep it confidential on the same terms as you (you agree that you are responsible to us under these Terms if they violate this agreement) and you can disclose that information to regulators or if you are required by law. Likewise, we will keep your information private as and to the extent described in our privacy policy on the Site.

INDEMNIFICATION

You agree to indemnify us and hold us, our affiliates and our and our affiliate’s employees officers, directors, managers, shareholders, predecessors, successors in interest, agents, advisors, harmless from any demands, loss, liability, claims or expenses (including all attorneys’ fees and fees of other experts) made by any third party due to or arising out of or in connection with your use of the Site.

NOTE THESE DISCLAIMERS

The Content is there as a basic introduction to and explanation of our business, not a legal document. From time to time, the Site may contain technical inaccuracies or typographical or other errors. We do not warrant the accuracy of any posted information.

Other than these Terms, there are no binding documents in the Content and no commitments to make loans. If you decide to borrow from us, all of the representations, warranties and all of your rights, duties and obligations will be contained in the loan documents and nothing else (including the Site) – please read them well; this is what you should use to make a decision, not the Contents of the Site. We don’t provide tax, legal or other advice, so you should get your own attorney, tax and other advisor to review these. Nothing outside of these loan documents, including the Contents of the Site, is a representation, a warranty, a covenant, etc. – and you should not use the Contents to make a decision to borrow. Conversely, we are not agreeing to make a loan to you until we agree. You will know when we agree because you will have a loan document, signed by us that expressly says that. We reserve the right to refuse to lend to anyone for any reason. Our loans are limited for commercial and business purposes only and that the loan proceeds will not be used for household, consumer or agricultural purposes. Borrower shall indemnify, defend and hold us harmless for any liability associated with any breach of the representations and warranties contained in this section. use We may show you on our Site generic, stylized examples on how loans are granted, but that does not mean that this is going to be the process used for your loan. If you decide to apply for a loan, we will ask you for documentation to check your identity, that you are not a suspected terrorist, criminal, etc.

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER DESTRUCTIVE CODE. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICE OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ITS USE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, INCLUDING, AMONG OTHER THINGS, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA – EVEN IF WE ARE TOLD OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE DISCLAIMERS AND WAIVERS. IN THESE JURISDICTIONS, THEY ONLY APPLY TO THE EXTENT PERMITTED.

No waivers. Also, just because we don’t say anything, that does not mean we agree with you. If we waive or modify any part of these Terms, it will be only in a signed writing, for your benefit, that expressly states that waiver or modification.

SEVERABILITY.

Any part of these Terms being held illegal, invalid or unenforceable in any jurisdiction shall not affect any part of such provision not held illegal, invalid or unenforceable, any other provision of these Terms or any part of such provision in any other jurisdiction.

ENTIRE AGREEMENT.

You may have mistakenly gotten the impression (e.g., in phone calls, emails or otherwise) that we were agreeing to something with you but, until we sign the loan documents, the Terms and our privacy policy are the only agreements and understandings between us with respect to the loans and other transactions we describe on the Site. Of course, we may have other unrelated business together, governed by separate legal agreements.

FAIR PRACTICES

You agree not to: (i) make any representations, warranties or guarantees on PBC’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to PBC or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.

ASSIGNMENT

You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Terms of Use. PBC may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Terms of Use without notifying you or obtaining your consent.

GOVERNING LAW

The Terms of Use and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms of Use, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Use, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction. We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of Utah for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms of Use (including any non- contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Use, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.

WAIVER OF JURY TRIAL

WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.

CLASS ACTION WAIVER

YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

GENERAL

You acknowledge and agree that all rights not otherwise expressly granted to you by the Terms of Use are reserved to PBC. The Terms of Use, together with the Privacy Policy, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBC as a result of the Terms of Use or any use of the Website. The failure of PBC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree that the court should give effect to the Parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and PBC, nor trade practice, shall act to modify any provision of the Terms of Use. For purposes of the Terms of Use, the terms include, includes, including, such as and for example, shall be construed as if each term were followed by the words, without limitation. Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

Questions or Comments Our Contact Information

If there are any questions regarding our Terms of Use you may contact us using the following information:

Power Block Coin LLC
1145 South 800 East Suite 117
Orem, UT 84097

Email info@bluecastleproject.com

Effective Date: 2/27/2019