Terms and Conditions

 

Please read these Terms and Conditions carefully before using this Website. BY VISITING www.datacentersamerica.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

 

This Terms of Use Agreement (this “Agreement”) sets forth the standards of use of the Block By Block Corp Website (www.datacentersamerica.com). By using the Block By Block Corp Website, you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at to the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

Website Use and Consent

 

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and Intellectual Property accessible on or through this Website (“Content”) is our property of is licensed to us and is protected by United States intellectual property laws.  

 

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict with this Agreement. 

 

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by this Agreement. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of this Agreement.

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1. Description of Use. Block By Block Corp is providing User with general corporate information about Block by Block Corp and the services and products its provides (these services and products are known herein as the “Services”). If User determines to use the Services provided by Block By Block Corp, the terms of such arrangements shall be stated in a separate agreement between the User and Block By Block Corp. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection to the Website.

 

2. Disclaimer of Warranties.  The Website is provided by Block By Block Corp on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Block By Block Corp makes no representations or warranties of any kind, express or implied, regarding the content, use or results stated on this Website in terms of its correctness, accuracy, reliability, or otherwise to application to User’s unique situation. Block By Block Corp shall have no liability for any interruptions in the use of this Website. Block By Block Corp disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable or to be construed as limited to the extent of allowed by those jurisdictions.

 

Assumption of Risk Disclaimer. You agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

 

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

 

3. Limitation of Liability.  Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE OR LIMITED BY THE EXTENT ALLOWED, BUT NOT BEYOND, BY THE LAWS OF THOSE JURISDICTION.

 

4. Indemnification. User agrees to indemnify, defend and hold harmless Block By Block Corp, its affiliates, agents, contractors, officers, directors, shareholders or members, employees and independent contractors, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of User’s use of the Website, User’s violation of this Agreement or any other agreement between User and Company, User’s a breach of any obligation, warranty, representation or covenant set forth in this Agreement, or other infringement by User, or for any 3rd-Party, other user of the Website using User’s computer, or any intellectual property or any other right of any person or entity.

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5. Modifications and Interruption to Website. Block By Block Corp reserves the right to modify or discontinue the Website with or without notice to the User. Block By Block Corp shall not be liable to User or any third party should Block By Block Corp exercise its right to modify or discontinue the Website. We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.

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6. Third-Party Sites. Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of these third-party websites.

 

7. Disclaimer Regarding Accuracy of Vendor Information. Service specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Block By Block Corp makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website as they pertain to any User’s situation. BLOCK BY BLOCK CORP MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY SERVICES PROVIDED OR OFFERED THROUGH ANY VENDOR, AND USER ACKNOWLEDGE THAT ANY RELIANCE ON REPRESENTATIONS AND WARRANTIES PROVIDED BY ON THIS WEBSITE SHALL BE AT YOUR OWN RISK.

 

8. Governing Jurisdiction of the Courts is Colorado. Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State Colorado, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our Website or Services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the laws of the State of Colorado.

 

9. Compliance with Laws. User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website or Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

10. Copyrights and Trademark Information. This Website and its Content is property solely owned by affiliates and/or our licensors, or us unless otherwise noted, and copyright, trademark, and other intellectual property laws protect it.

 

If you view or access our Website or any of its Content, you will be considered our Licensee for those purposes. For the avoidance of doubt, you are granted a revocable, non-transferable license for educational, non-commercial use only, limited to you only.

 

When you purchase or access our Website or any of its Content, you agree that

 

• You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to this Agreement and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

 

• You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained. 

 

• You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you.  By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.

 

• You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.  

 

• We are granting you a limited license to enjoy our Website and its Content for your own educational use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.

 

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. WE CLEARLY STATE THAT YOU MAY NOT USE THIS WEBSITE OR ITS CONTENT IN A MANNER THAT CONSTITUTES AN INFRINGEMENT OF OUR RIGHTS OR THAT HAS NOT BEEN AUTHORIZED BY US.

 

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

Request for Permission to Use Content. Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website. We very clearly state that you may not use any Content in any way that is contrary to this Agreement unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

 

All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors for User’s purposes or license. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Block By Block Corp. Block by Block Corp has the right to use the Vendor’s trademarks on the Website, which such right does not extend to Users or third-parties. 

 

11. Contact Us. 

 

By Mail: Block By Block Corp, 3768 Norwood Dr., Se 200, Littleton, CO 80125

By Telephone: 303-209-0339

By Email: info@datacentersamerica.com

 

12. Botnets. Block By Block Corp retains the right, at our sole discretion, to terminate any Website interactions or Services when User is infected or using botnets and related activities. If any hostnames are used as command and control points for botnets, Block By Block Corp reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

13. Your Conduct. You are agreeing that you will not use our Website or its Content in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

 

You must use the Website and its Content for lawful purposes only.  You agree that you will not use the Website or its Content in any of the following ways:

 

• For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity

• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others

• To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

• To cause annoyance, inconvenience or needless anxiety

• To impersonate any third party or otherwise mislead as to the origin of your contributions

• To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with this Agreement or any other agreement with us.

 

14. Termination. We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in this Agreement with respect to the Website and its Content will still apply now and in the future, even after termination by you or us. 

 

15. Other Terms. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein as may be assigned by Block By Block Corp, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [Insert Link].

 

Last Updated: 8/4/2021