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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.
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
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.
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’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.
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.
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.
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.
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.
WAIVER OF JURY TRIAL
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.
Questions or Comments Our Contact Information
Power Block Coin LLC
1145 South 800 East Suite 117
Orem, UT 84097
Effective Date: 2/27/2019