Terms and Conditions

This web page represents our Terms of Use Agreement regarding our Website, www.BlockBuyer.com ("Website"). It was last posted on March 1, 2018. The terms, "we", "our", “Website”, and “Company”, CrowdFund Processing LLC, Real Property Registration LLC, and BlockBuyer as used in this Agreement refer to BlockBuyer Inc.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy accessible at http://blockbuyer.com/privacy-policy, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE BLOCKBUYER SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

Limited License

BlockBuyer grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make investments, purchases of electronic documents, educational material, and related services through our Website, strictly in accordance with our Legal Terms.

Services

BlockBuyer offers various services including software to assist in marketplace matches between operators having listed properties and crowd investors providing investment, as well as management of online reviews and reputation, social posting, and customer feedback.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by BlockBuyer. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. BlockBuyer aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of BlockBuyer, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from BlockBuyer. BlockBuyer prohibits use of any logo of BlockBuyer or any of its affiliates as part of a link to or from any Website unless BlockBuyer approves such link in advance and in writing. Fair use of BlockBuyer's Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than BlockBuyer. Such links are provided for your reference only. BlockBuyer does not monitor or control outside Websites and is not responsible for their content. BlockBuyer's inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, sponsor, nor does BlockBuyer's inclusion of the links imply that BlockBuyer is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on our Website are made at such times as BlockBuyer determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. BlockBuyer does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
If you transmit, submit or post content to the Website, you automatically grant BlockBuyer and its affiliates and assigns the worldwide, fully-paid, royalty-free, non-exclusive right and license to use, display, reproduce, distribute, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, for promoting and distributing part or all of the content in any media formats and through any media channels. This license shall not apply to certain proprietary offering materials such as disclosure documents/financials prepared and posted in connection with crowdfunding conducted on the site.

The above licenses granted by you for site content you submit to the Website terminate within a commercially reasonable time after you remove or delete your content from the Website. You understand and agree, however, that BlockBuyer may retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You shall not transmit, submit or post the following to the Site:

  • Information that infringes BlockBuyer’s or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to BlockBuyer or third parties or that infringes on BlockBuyer’s or any third party's rights of publicity or privacy;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
  • Information that is false, inaccurate or misleading; or
  • Commercial advertisements or solicitations without written permission from BlockBuyer.

The following are prohibited, and thus you agree to not:

  • Solicit, collect or use the login credentials of other Instagram users.
  • Contact the Operator or vendors outside of the Website for the purpose of investment or partnerships
  • Change, modify, adapt or alter the site offerings or change, modify or alter another Website so as to falsely imply that it is associated with BlockBuyer
  • Use domain names or web URLs in your username without prior written consent from BlockBuyer
  • Interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any BlockBuyer page is rendered or displayed in a user's browser or device.
  • Submit rapid requests to the site using a program, code, hosting service, or other software solution that results or resembles a Denial Of Service (DOS) attack.
  • Create accounts with the Website through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scrape.
  • Attempt to restrict another user from using or enjoying the Website and you must not encourage or facilitate violations of these Terms of Use or any other BlockBuyer terms.
  • Attempt to gain unauthorized access on the Website, other accounts, or any BlockBuyer computer system, server, or network; or access or use materials or information through any means not intentionally made available by the Website, including automated means.

 

User submissions

Although BlockBuyer does not regularly review transmissions, question and answer submissions or postings, BlockBuyer reserves the right (but not the obligation) to edit, refuse to post or remove transmissions, submissions or postings. Pursuant to the Privacy Policy, BlockBuyer may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement. You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content as defined in the Privacy Policy) and the consequences of transmitting, submitting or posting them.

Limited disclosure. The property listing will disclose information about the Operator’s company, the property condition and plans for repairs, investment terms, contract period, various documents, and compensation terms, and its anticipated use of proceeds, among other things. You should carefully review any disclosure regarding the Operator’s company use of proceeds.

Possibility of fraud. With any investment, it is impossible to anticipate every issue with a property or people involved in a transaction. Dishonest actions can occur at any time, and while the platform makes attempts to mitigate risk, it cannot anticipate all possible adverse actions by individuals associated with an investment project. As with other investments, there is no guarantee that crowdfunding investments will be immune from fraud. In the event that a property does not perform as expected, BlockBuyer will only step in if fraud, dishonesty, or negligence was involved by the Operator. BlockBuyer has the ability to replace the Operator and potentially sell the property immediately.

Lack of professional attention. Each project has its associated repair teams and management overseeing the property project as supplied by the Operator. Every team is different having different skills and attention to detail, and some may lack the skills, focus, work ethic, and professional attitudes that could impact an investment project. Operator ratings can help with reviewing the prior track record to help you further gauge risk and confidence.

Project updates and/or Quarterly reports will be posted to BragBoard. The Operator is required to post periodic project updates and/or quarterly reports (for long terms rentals). These updates/reports may include property disclosures, cost overruns, status updates, before and after images, short videos, and analysis. BlockBuyer does not monitor these updates/reports, nor evaluate them for accuracy. For concerns or questions, the crowd should pose questions to the Operator using the Question/Answer feature in BragBoard for each associated property.

BlockBuyer never makes changes to property listings nor takes responsibility for any of the investment’s content, assumptions, or financial figures. The Website’s management, directors, owners, and employees do not modify a property listing’s content, nor do they influence, enhance, contribute, nor edit content, images, figures, files, contract terms, or projections associated with any property listed on the site. BlockBuyer instead performs only a role in providing a platform for Operators to list and organize their investment deals and for Crowd Investors to view the property listing information and invest in these properties. Additionally, BlockBuyer does not validate, underwrite, manage, represent, or have any continuous oversight over any property listing on the site, its repair teams, or Operator management. The Operator and Operator’s Team are responsible for the accuracy of all content associated with each investment listed on the Website.

US resident 18 years or older

This Website is offered and available to users who are of legal age and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age and agree to form a binding contract with the Company. The Site is not intended to be used by persons under the age of 18. You represent and warrant that You are at least 18 years of age. If You are not at least 18 years of age, You must not access or use the Site.

Site updates, web service availability, registration

BlockBuyer Inc. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this Website after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding to you. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time for any period. BlockBuyer Inc. retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features of the Website, is governed by our Privacy Policy http://blockbuyer.com/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Third Party Links

This Website may provide links to other Websites affiliated with BlockBuyer Inc. that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of Websites hosting third-party content or that allow postings by third-parties. By accessing such Websites through links provided on this Website, you agree to abide by each applicable Terms of Use policy as therein specified.

Website Materials

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Website Logo, Trademarks, and site material

The Company name, the terms BlockBuyer®, BlockBuyer™, Like Stocks, Buy Blocks™ and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitors to the Website, or by anyone who may be informed by any of its contents. We may update the content of this Website from time to time, but its content is not necessarily complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on this Website is subject to our Privacy Policy http://blockbuyer.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Third Parties

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.

Use of the Site and Indemnification

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER BLOCKBUYER OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL BLOCKBUYER'S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO BLOCKBUYER FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule (whether of California or any other jurisdiction). You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BlockBuyer Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

If You fail to abide by this Agreement in any way, or fail to successfully transfer funds or pay any amount owed when due, Company may prohibit you from accessing or using the Website. No action or omission by BlockBuyer will be deemed to be a waiver of any right or remedy provided under this Agreement or under applicable law.

Contracts and Legal Advice Disclaimer

You understand that contracts ("Contracts, Fix & Flip Agreements, Fix & Rent Agreements") within BlockBuyer were created by attorneys. You acknowledge that BlockBuyer is not an attorney and does not offer legal advice attorneys and do not offer legal advice.

Violation of these Terms of Use may, in BlockBuyer’s sole discretion, result in termination of your BlockBuyer account. You understand and agree that BlockBuyer cannot and will not be responsible for the content posted on the Website and you use the Website at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for BlockBuyer, we can stop providing all or part of the Service to you.

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