Effective Date: February 24, 2020
Your use of the Dairy Block website located at www.dairyblock.com (the “Site”) is governed by these Terms of Use. Please read the Terms of Use (“Terms”) carefully. By accessing the Site or downloading any materials from the Site, you agree to these Terms and affirm that you are at least 18 years of age. If you do not agree to these Terms, do not use the Site or download any materials, and exit the Site immediately.
These Terms are in addition to any other agreement between you and ZBlock Association (“ZBlock,” “we,” or “us”) including those relating to any of the information or materials available via the Site.
1. Authorized Use. Use of the Site is for informational purposes only. ZBlock is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. ZBlock is not responsible or liable for any decisions made in reliance on such information. ZBlock grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, subject to your compliance with these Terms.
Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by ZBlock to be made accessible to a user, (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by ZBlock, or (vii) for any use other than the purpose for which it was intended, is prohibited.
2. Site Content. All content accessible within the Site (including without limitation, the “look and feel” of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties.
You may not (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content; (ii) frame or deep-link to the Site; or (iii) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site content.
All names, logos and trademarks are the property of ZBlock, its affiliates, related companies or its licensors or joint venture partners. ZBlock’s trademarks and brand names may be used only as stated in these Terms or with prior written permission from ZBlock.
3. Submissions. No questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic (collectively, “submissions”), will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and ZBlock will not be subject to any restrictions or obligations with regard to it.
4. Privacy. Unless otherwise addressed in these Terms, your use of the Site is subject to ZBlock’s Privacy Policy. It is important that you read and understand the terms of the Privacy Policy. ZBlock may cooperate with and disclose information to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from illegal action or infringement, whether related or unrelated to your use or misuse of the Site.
5. Violations. ZBlock reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. ZBlock may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by ZBlock’s Privacy Policy, ZBlock reserves the right at all times to disclose any information as ZBlock deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ZBlock’s sole discretion.
6. Third-Party Web Sites. In some instances, the Site may reference or link to third-party web sites. Should you choose to visit those web sites, please remember that ZBlock is not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit. You understand that ZBlock will not be liable to youfor any loss or damage which you may suffer by using those web sites. You agree that you will not involve ZBlock in any dispute between you and a third party.
7. Linking to the Site. You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
8. Indemnity. You agree to indemnify and hold ZBlock, and its owners, partners and affiliates, and their respective officers, directors, employees, representatives, contractors and agents (each, an “Indemnified Party,” and collectively, the “Indemnified Parties”) harmless from any actions, liability, loss, claim, damage or expense, including attorneys’ fees and expenses, related to your (i) use of the Site, (ii) violation of these Terms, or (iii) reliance on any of the materials or information or other content available via the Site.
9. Disclaimer. ZBLOCK MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, GRAPHICS, TEXT, LINKS, OR OTHER MATERIAL CONTAINED ON THIS SITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED THEREIN SHALL BE AT YOUR SOLE RISK. ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE.
10. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SITE OR THE USE OR RELIANCE UPON, ANY OF THE CONTENT OR ANY INFORMATION ACCESSED FROM THE SITE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ZBLOCK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE THOUSAND DOLLARS ($1,000). Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.
11. No Investment Advice. None of the information provided through the Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Site are your sole responsibility and at your own risk.
Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation.
12. Changes to Site Content; No Offer. All information posted on this Site is subject to change without notice and is provided solely for informational purposes. The information and materials contained on this Site regarding the facilities, amenities, and activities at Dairy Block are subject to change, modification, or cancellation without notice or obligation. This Site is not intended to be, and does not constitute, an offer for the sale, purchase or lease of real property. Except for your agreement to abide by these Terms, nothing on this Site or your use of the content contained herein shall be interpreted as giving rise to or forming the basis of a contract, commitment or obligation.
13. Governing Law. If you use the Site and a dispute results relating to your use, the dispute will be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. If you take legal action relating to these Terms, you hereby irrevocably: (i) agree to file such action only in state court in Denver County, Colorado, or federal court within the U.S. District Court for the District of Colorado, and (ii) consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
14. Sweepstakes, Contests, and Games. In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the Site may have specific rules that are different from these Terms. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms and Promotion rules, the Promotion rules will control.
15. Other. ZBlock reserves, in its sole discretion, the right to revise these Terms at any time by updating this posting and to monitor and remove postings and/or discontinue Site availability, at any time without notice. The date these Terms were last updated is set forth at the top of this page. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
ZBlock has the right to deny access to, and to suspend or terminate your access to, the Site or to any features or portions thereof, including if you violate these Terms. In the event that we suspend or terminate your access to the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
The communications between you and ZBlock via the Site use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and 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 be in writing.
If you have any questions, complaints or comments regarding this Site, you may contact us at info@dairyblock.com.
