Stratumsphere
Terms of Service

Last updated: March 29th, 2018

Thank you for your interest in our services. Before we can provide you any services, we need to make sure you and us are on the same page about what we’re promising to do for you and the conditions under which we are willing to provide our services.  

Please read these terms of service carefully. We encourage you to have an attorney review this agreement to help you better understand your rights and obligations under this agreement.

By using our services, you agree to the terms of service provided below.

1.                Acceptance and Definitions

This terms of service agreement (the “Agreement”) constitutes a legal agreement between you (“User,” “you,” or “your”) and BlockGen Corporation, a Washington corporation (the “Company,” “Operator,” “we,” “our,” or “us”). In order to use our website or any of the services that we provide on or through our website https://stratumsphere.io, application https://app.stratumsphere.io/, or other services through https://blockgen.com, (collectively, the “Services”), you must agree to the terms and conditions that are provided below. By using the Services you agree to the terms of this Agreement.

“Digital Currency” means any Bitcoin, Litecoin, Ethereum, or other cryptocurrency (collectively “Digital Currency”) produced pursuant to the Services.

If you don’t agree to these terms, you can’t use our website, and you do not have our permission to use the Services. If you have any questions or concerns about this Agreement please feel free to contact us at legal@blockgen.com.

2.                Amendments

This Agreement may be updated. Any modifications will be effective upon posting an updated version of this Agreement at https://blockgen.com/legal/stratumsphere-terms.html. You are responsible for ensuring that you agree to our terms of service each time you use the Services. We have a general practice of notifying our users when we make significant updates to our terms of service, but it remains your responsibility to ensure that you agree to our terms of service. We will note the date of last update at the top of this Agreement so that you can determine whether the agreement has been updated since you last reviewed it.

2.1.           Acceptance of updated terms

Your continued use of the Services after any changes have been made to this Agreement will constitute your consent to the updated terms.

2.2.           Rejection of updated terms

You can reject any revised or additional terms by discontinuing use of the Services, website, and any software that we provide.

3.                User Account

In order to use the Services and make payments, you must create a user account (“User Account”) by providing your name, email address, phone number, mailing address, and a password. By creating the User Account, you accept these terms of service. Your email address will serve as your username. You must ensure that your username and password are kept confidential at all times. In case of misuse or abuse, we reserve the right to disable your User Account.

4.                Fraud

We reserve the right to share your information with third parties if we suspect you are conducting illegal activities or if we feel doing so will help us protect the integrity of the Services and the website’s security. In the case of suspected fraud, as well as with other suspected crimes, we may report all necessary information, including names, addresses, and all other requested information, to the relevant authorities.

5.                Mining Pool Service

Our Digital Currency mining pool service (the “Mining Pool Service”) is currently undergoing development and not available at this time.

6.                Hash Scheduler

Our hash scheduling service (the “Hash Scheduler”) is only for use by users who are over the age of 18 and reside in the United States, its territories and possessions (the “U.S.”) or users who are outside the U.S. and consent to use the Hash Scheduler according to U.S. laws, these terms, and our Privacy Policy. By using the Hash Scheduler, you acknowledge that you meet these eligibility and residency requirements.

6.1.           Service Fee

6.1.1.       You will not be billed during the 14-day free trial period (“Free Trial Period”) that begins the day the User signs up for the Service.

6.1.2.       After upgrading your Service, you agree to pay your monthly, quarterly, semi-annual, or annual service fee (the “Service Fee”) for our Hash Scheduler. Users will be automatically billed for their first Service Fee upon upgrading the Service, either during or after the Free Trial Period, and will automatically be billed on a periodic basis that corresponds with their Service Fee period. Rates for our Service Fee are detailed at https://stratumsphere.io/pricing.php/. You will receive a 5% discount on the monthly Service Fee rate if you choose quarterly billing, a 10% discount for semi-annual billing, and a 15% discount for annual billing. We reserve the right to change the pricing upon 30 days’ notice. We will notify our active subscribers of any pricing change via email. Pricing changes will also be reflected at https://stratumsphere.io/pricing.php. Any Service Fee changes will be communicated through the website. All services are priced in United States Dollars (“USD”). User may cancel the Services within the first seven days of service for a full refund of the Service Fee, unless a coupon, promotion or discount code was used. 

6.2.           Failure to Pay Service Fee

If the User fails to make full payment of the Service Fee to the Company within seven days after it is due, then the Company may suspend the Services and delete the User’s Account at the Company’s sole discretion. 

6.3.           System Outages 

The Hash Scheduler may be interrupted periodically due to a system outage including limitations, delays, and other problems that are inherent in the use of the internet, software, and other electronic communications. If the User contacts support, as described in Section 8, notifying the Company of the outage within 48 hours of the system outage, then the User will be entitled to a Service Fee discount. For every six hours that the Hash Scheduler is unavailable due to a system outage a discount equal to 20% of the most recent Monthly Service Fee Rate will be applied to the monetary value of the User’s Service Fee for the invoice period immediately following the outage (if User pays quarterly, semi-annually, or annually, the most recent “Monthly Service Fee Rate” would be the quarterly fee divided by 3, semi-annual fee divided by 6, or the annual fee divided by 12). The Company’s liability for any system outages during a single month is limited to a 100% discount on the Monthly Service Fee Rate for the invoice period immediately following the outage. No discount for a system outage will be applied to the User’s current or previous Service Fee. The User is not entitled to a cash refund for any system outage.    

6.4.           Modifications to Service

We reserve the right to modify, suspend, or discontinue the Hash Scheduler service at any time for any reason without notice.

6.5.           Disclaimer

Our entire liability and your sole remedy in connection with the use of our Hash Scheduler is limited to the monetary value of your single most recently paid monthly Service Fee for our Hash Scheduler. You agree you will have no additional recourse against us, and you agree to disclaim any other remedies you may have for any loss related to your use of our Hash Scheduler.

6.6.           User’s Representations

By using the Hash Scheduler you acknowledge that:

6.6.1.       Digital Currencies are not recognized as legal tender in the United States and other countries and that Digital Currencies are not regulated by any central institution and may be subject to extreme price volatility;

6.6.2.       You understand the risks involved with Digital Currencies, including the lack of guaranteed returns and the risk of a complete loss of investment;

6.6.3.       You understand that the hash rate required to produce Digital Currency can increase resulting in a diminishing return of Digital Currency per hash rate applied to production;

6.6.4.       You are solely responsible for protecting your Digital Currency, Digital Currency Wallet, computer, software bank account, address and personal data against any theft, fraud or illegal activity;

6.6.5.       You agree to defend and indemnify us from any claims related to any loss or damage suffered by your customers in connection with the Hash Scheduler, whether directly or indirectly;

6.6.6.       All concluded transactions are irreversible;

6.6.7.       We are not responsible for Digital Currency transfers made to any incorrect digital currency wallet IDs and you and your agents agree to release us from all loss or damage suffered in connection with such Digital Currency transfers whether directly or indirectly;

6.6.8.       You have obtained independent legal and financial advice about the risks associated with subscribing to our Hash Scheduler, or you knowingly and voluntarily elected not to do so;

6.6.9.       We have the right to refuse any order for any reason at our absolute discretion and you hereby agree to release and indemnify us in the exercise of that discretion;

6.6.10.   You acknowledge that trading currency including Digital Currency involves risk, especially through price fluctuation. As Digital Currencies are not regulated or backed by any central bank, there is a chance of total loss. In addition, there might be unforeseen risks that are not identified in these Terms of Service. You agree to waive any claims against us related to any consequences of such unforeseen risks.

7.                Planned Maintenance 

The Services and the website will require occasional planned maintenance. The Company will give the User 24-hours’ notice of any planned maintenance that may result in a temporary discontinuation of the Services. The User agrees that the Company will not be liable for any losses that result to the User either directly or indirectly due to planned maintenance. Planned maintenance will not exceed 12 hours per month.    

8.                Support Process

In the case that there are issues with the use or operation of the Services, the User must communicate such issues to the Company by submitting a support request on one of the several official support channels detailed at https://stratumsphere.io or by emailing support@stratumsphere.io. If the Company fails to respond to the User’s support request within 24 hours, and the User notifies the Company of the failure to respond to the support ticket within 48 hours, a discount equal to 20% of the most recent Monthly Service Fee Rate will be applied to the monetary value of the User’s Service Fee or Subscription Fee for the invoice period immediately following the User’s support request (if User pays quarterly, semi-annually, or annually, the most recent “Monthly Service Fee Rate” would be the quarterly fee divided by 3, semi-annual fee divided by 6, or the annual fee divided by 12). The Company’s failure to resolve a service issue will not entitle the User to a discount. No support discount will be applied to the User’s current or previous Service Fee or Subscription Fee. The User is not entitled to a cash refund for the Company’s failure to respond to a support request. The Company’s liability for any failures to respond to a support ticket during a single invoice period is limited to a 100% of a single Monthly Service Fee Rate for the invoice period immediately following the failure to respond. Requests for support made by any means other than official channels detailed at https://stratumsphere.io or support@stratumsphere.io may not be dealt with in a timely manner and will not be entitled to the 24-hour guarantee.        

9.                Termination and Cancellation Policy

The User may cancel the Services at any time on https://stratumsphere.io, by submitting a support request on https://stratumsphere.io, or by emailing support@stratumsphere.io. All Service terminations and cancellations will be processed within two business days. Termination of the User’s Services will result in the immediate deletion of the User’s Account, product data, and any information backups.  

9.1.           The User agrees that the Company may terminate the User’s Services for a breach of this Agreement. It is in the Company’s sole discretion to determine whether the User has breached the terms of the Agreement. If the Company terminates the User for breach on or before 45 days from the start of a quarterly, semi-annual, or annual Service Fee period, then the Service Fee or Subscription Fee will be prorated on a per day basis, and the User will be refunded the portion of the User’s Service Fee or Subscription Fee attributable to the portion of the term beginning two business days after the User’s Service termination. If the Company terminates the User for breach of this Agreement after 45 days from the start of the Service Fee period, then the User will not be entitled to any Service Fee refund.

9.2.           If the User cancels the Service on or before 45 days from the start of a quarterly, semi-annual, or annual Service Fee period, then the Service Fee or Subscription Fee will be prorated on a per day basis, and the User will be refunded the portion of the User’s Service Fee or Subscription Fee attributable to the portion of the term beginning two business days after the User’s Service cancellation. If the User cancels the Service after 45 days from the from the start of the Service period, then the User will not be entitled to any Service Fee refund. The User will receive a prorated account credit (“Account Credit”) equal to the portion of the User’s Service Fee or Subscription Fee attributable to the portion of the term beginning two business days after the User’s Service termination. An Account Credit can only be redeemed for future Stratumsphere Services. The Account Credit may not be transferred to any other User and has no monetary value.

9.3.           Users are not entitled to any Service Fee refund for any monthly Service Fees.

10.             Coupons and Discounts

The Company at its sole discretion may choose to offer certain discounts and promotional coupons. Unless expressly stated otherwise by the Company, all discount and coupon codes are exclusively reserved for first-time customers. The Company will not honor coupons that are no longer valid because they have expired, been discontinued, or have previously been used. It is the User’s sole responsibility to utilize any discount code or coupon during sign-up. The Company will not retroactively apply a discount code or coupon to the User’s account after sign-up. Coupons and discount codes may be represented as a percentage of the User’s Service Fee or as a monetary value but may not be redeemed for cash. 

10.1.        If the Company determines that the User has violated the provisions of Section 10 or any use limitations described in the terms of specific promotional coupons, such as creating multiple accounts to violate the first-time customer limitation, then the Company reserves the right to charge the User for any benefit gained from the violation, to combine the User’s multiple accounts, and to terminate the User’s account for breach of this Agreement.

 

11.             User Notifications

The User authorizes the Company to send the User automated emails, SMS/MMS alerts, and chat notifications for emergency alerts and notifications concerning the Services. The User agrees that the Company may send the User periodic marketing and promotional materials. User understands and agrees that User will be responsible for any carrier charges or other fees charged to the User for receiving these notifications. 

12.             Restrictions on Use

12.1.        White Label Product

The Company provides the Services as a white-label product, allowing User to design, build, sell, and manage its own digital currency products. The User may only use the Services for their intended purpose as described in this Agreement. The User agrees that the Company has no liability to User’s end-users or any third-party associated with the User. The Company will have no liability to the User, or the User’s end users, if an end user discovers that the User is utilizing the Company’s white-label Services. You agree that you use any terms of service or privacy policy for your white label products at your own risk, and that any versions of such agreements provided to you in association with the white label services are merely illustrative of terms you may wish to provide to your customers.    

12.2.        Interference with Intellectual Property or Advertising

You may not remove, alter, interfere with, or circumvent any (a) copyright, trademark, or other proprietary notices on the website, or (b) any advertisement on the website.

12.3.        Copying

You may not reproduce, distribute, or modify any content provided through the Services without our express consent.

12.4.        Mining

You may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from the Services.

12.5.        Denial of Service Attacks

You may not take any action that may impose an unreasonable burden or load on the Services or the website’s servers or infrastructures.

13.             Inappropriate Content
You agree not to upload, download, display, perform, transmit, or otherwise distribute on the website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your distribution of any such material, and, to delete any such material from the website and our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

14.             Unacceptable Conduct
You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation:

14.1.        Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

14.2.        Attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;

14.3.        Interfering or attempting to interfere with our services to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, flooding, spamming, mail bombing, or crashing the website;

14.4.        Using the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

14.5.        Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or

14.6.        Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to any form any of the source code used by us to provide and maintain the Services.

Any violation of system or network security may subject you to civil liability, criminal liability, or both.

15.             Ownership of Intellectual Property
We retain all right, title, and interest in and to the Services, including without limitation all software we created to provide the Services and all intellectual property, including, without limitation, all ideas, logos, copyrights, trademarks, or other information provided by you or any other party relating to the Services. This Agreement does not grant you any intellectual property rights in or to the Services, or any of the components of the Services, including any software used in the Services.

16.             Grant of Limited License
If you post or upload any content to any website owned or controlled by us and related to the Services (“User Content”), you acknowledge and agree that you are granting the Company (and its licensees, affiliates, successors, and assigns) a worldwide, royalty-fee, perpetual, irrevocable, sub-licensable, non-exclusive right to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute in any manner and any media. You represent and warrant that you own such content or have sufficient rights in the content to grant to us the license detailed above without infringing or violating any third party rights. Further, you acknowledge and agree that we may retain any revenue generated from any sales, licenses, assignments and other transfers of the rights drafted by you to us under this license.

17.             Use of Software
We may make certain software available to you through the Services. If you download software from the website, the software, including all files and images contained in the software, and accompanying data (the “software”) will be licensed to you by us for your personal, non-commercial use only. We do not transfer title to or the rights in the software or any components of the software. We retain all rights, title, and interest to the software and any intellectual property associated with the software.

You may not sell, redistribute, or reproduce the software, or reverse-engineer, disassemble, or otherwise convert the software in any way or in any form. All trademarks and logos associated with the software are owned by us or its licensors and you are not granted any rights to use them for any purpose.

18.             Copyrights and Digital Millennium Copyright Act

18.1.        Notice of Copyright Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material on the website infringes your rights under U.S. copyright law, you may send us a notice requesting that the material be removed. The notice must include the following information:

18.1.1.   The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

18.1.2.   Identification of the copyrighted work claimed to have been infringed;

18.1.3.   Identification of the material that is claimed to be infringing or the subject of infringing activity, and information that reasonably allows us to locate the material on the website;

18.1.4.   Your name, address, telephone number, and email address (if available);

18.1.5.   A representation that the you have a good faith belief that use of the material in the manner complained of is not authorized by you (the copyright owner), your agent, or the law; and

18.1.6.   A representation that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18.1.7.   Please be advised that we will not respond to complaints that do not meet the requirements above. If we determine that the materials alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful.

18.2.        Counter-notices

If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:

18.2.1.   Your name, address, and telephone number;

18.2.2.   A description of the source of the content that was removed;

18.2.3.   A representation under penalty of perjury that you believe that the content was removed in error;

18.2.4.   A representation that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district that we choose, and that you will accept service of process from the person who provided the original complaint; and

18.2.5.   Your signature (physical or electronic is acceptable).

18.3.        Updated Requirements

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA and should be sent to us through the address listed below. Please be aware that there can be penalties for false claims under the DMCA.

ATTN: DMCA Copyright Claims Department
BlockGen Corporation

legal@blockgen.com
16404 Smokey Point Blvd. Suite 202

                        Arlington, WA 98223

19.             Privacy Policy
We value the importance of your privacy. To better protect your privacy, we provide you with a notice that explains our policies for collecting and using the information that we collect from you (the “Privacy Policy”). Click here to review Our Privacy Policy, which is incorporated in these terms by reference.

20.             Indemnification
You agree to fully indemnify us, our employees, directors, officers, and affiliates, from any claims or damages resulting from your breach of this agreement, your violation of any rights of any third party service providers you were introduced to by us, or your use or misuse of the Services, including, without limitation, attorneys’ fees and costs incurred by us.

21.             Each Party’s Representations and Warranties

21.1.        Your Identity
You warrant: (a) that you have accurately identified yourself through your account and will maintain the accuracy of such identification; and (b) that you are 18 years or older, or that you are acting on behalf of a corporation or other business entity that is authorized to do business under applicable law.

21.2.        Right to Do Business
Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under these Terms of Service and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Terms of Service.

21.3.        Disclaimers
Except for the express representations and warranties specified in this section, the Services are provided “as is” and as available, and you disclaim all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) the Company has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although we make our best efforts to keep the site up and running, the Company does not warrant that the Services will perform without error or immaterial interruption; (c) although we make our best efforts to keep the Services free of any viruses or other harmful components, the Company cannot make any guarantees, thus the Company does not warrant that the Services will be free of viruses or other harmful components.

You acknowledge and agree to assume the entire risk associated with your use of the Services, including any third-party services or products that you use as a result of the Services.

22.             Limitation of Liability
You agree that in no event will our liability arising out of or related to this Agreement exceed the User’s single most recently paid monthly subscription fee. In no event will the Company be liable for any consequential, indirect, special, incidental, or punitive damages. If applicable law limits the application of any part of this section, our liability will be limited to the maximum extent permissible.

22.1.        We do not offer any legal, financial, insurance, tax, investment or associated advice. All transactions made are your sole responsibility; you are responsible for considering how this agreement will work under your personal circumstances.

22.2.        We are not responsible for any loss suffered by you. Information such as spot prices, buy and sell prices of Digital Currency, and the rate of production of Digital Currency per hash per second, whether on the Services or at other, non-affiliated platforms are for information only and is not investment advice in any form and should not be construed as such.

22.3.        We make no guarantees, warranties or representations whatsoever as to:

22.3.1.   The future value of any Digital Currency; nor

22.3.2.   The rate at which Digital Currency will be produced in the future.

22.4.        You agree that in no event will we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Services, or any part of it, even if an authorised representative has been notified orally or in writing of the possibility of such damage. Furthermore, you agree we will not be liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason our Services are unavailable at any time or for any period, including any interruption due to a denial-of-service, distributed denial-of-service, or other third party attack on our Services or website. You also agree that we cannot be held liable for any incorrect information from third parties displayed on our website. That applies especially to the displayed spot price of Digital Currency and the rate of production of Digital Currency per hash rate applied.

22.5.        The User agrees that the Company is not liable or otherwise responsible for any damages resulting from the use of third-party services or inputs in connection with our Services. Further, the Company is not liable or otherwise responsible for your reliance on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on the website or is referred by the website.

22.6.        If the performance of this Agreement by the Company, is limited by reason of force majeure, upon giving prompt notice to the User, the Company will be excused from such performance to the extent that performance is limited by force majeure. Provided, however, that the Company will take all reasonable steps to avoid or remove such causes of non-performance.

22.7.        The User agrees that the Company is not liable or otherwise responsible for any damages resulting from the failure, exploitation, or vulnerability of Digital Currencies.

22.8.        The Company is not liable or otherwise responsible for any damages resulting from downtime, error, degradation of performance, or failure of the Service as a result of the User’s misuse of the Services, including, but not limited to, inputting wrong, false, foreign, or incorrect characters into any forms or input fields associated with the Service.

23.             Choice of Law

This Agreement will be governed solely by the internal laws of the State of Washington, without reference to any principles of conflicts of law.

24.             Arbitration

24.1.        Streamlined JAMS Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate will be determined by arbitration in Seattle, Washington. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, except where those rules and procedures conflict with the parameters of the dispute resolution provisions of this Agreement. Judgment on the award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

24.2.        Selection of Arbitrator

The dispute will be heard by one arbitrator. If possible, the parties will agree to a JAMS arbitrator. If the parties cannot agree on an arbitrator, the case manager at Seattle’s JAMS office will select and appoint an arbitrator for the parties.

24.3.        Hearing and Disclosure Dates

The arbitration hearing will be held no later than 60 days from the date of the Demand for Arbitration. The parties are required to fully disclose and produce all documents and other evidence to be used in support of their case 30 days before the hearing. Failure to disclose and produce documents during this time frame will render them inadmissible.

24.4.        Confidential Proceedings

The parties will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

24.5.        Non-Appealable Determination

The arbitrator will reach his or her decision within 24 hours from the conclusion of the hearing, and the arbitrator’s decision will be final, binding, and non-appealable.

24.6.        Exchange of Written Settlement Offers

At least 30 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their first written settlement offers. At least 14 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their second written settlement offers. If at any point only one party timely submits their offer, that party will be awarded the submitted offer.

24.7.        Baseball Style Arbitration

At least seven days in advance of the hearing, for each claim each party to the claim will submit to the arbitrator their last, best offers. If only one party timely submits their offer, that party will be awarded the submitted offer. Once the arbitrator has an offer from each party to the claim, the arbitrator will distribute the offers to the parties. The arbitrator will be limited to awarding only one of the offers submitted. This method of arbitration is sometimes referred to as “baseball arbitration.”

24.8.        Attorney Fees

The party whose offer is accepted by the arbitrator will be awarded the costs and attorney fees reasonably incurred in connection with the claim.

25.             General

25.1.        Notices
We may send notices pursuant to this Agreement to you via your e-mail address listed on your account, and such notices will be deemed received by you the same day it is sent. You may send notices pursuant to this Agreement to us at
legal@blockgen.com, or 16404 Smokey Point Blvd. Ste. 202, Arlington, WA 98223, and such notices will be deemed received by us three days after they are sent.

25.2.        No Waiver
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.

25.3.        Assignment
Neither party may assign this Agreement or its right or obligations under this agreement, except we reserve the right to assign this Agreement or any of our rights or obligations under this agreement without your consent as part of a merger, acquisition, or any other change of control of the company.

25.4.        Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.

25.5.        Entire Agreement
This Agreement is the entire agreement of the parties and supersedes all prior agreements as to the use of the Services. If you have any questions or concerns regarding any of the terms above, please feel free to contact us at legal@blockgen.com.



Last updated: March 29th, 2018