Terms of Service

Introduction

These terms and conditions between you and Blockworks (“BlockWorks Advisors, LLC”), govern your use of cms.blockworks.co (“Website”) and Blockworks email newsletter (“Newsletter”); by using the Website and/or Newsletter (collectively “The Service”), you accept these terms and conditions in full along with the Blockworks Privacy Policy, which can be found at https://cms.blockworks.co/privacy-policy/. If you disagree with any part of these terms and conditions or the Blockworks privacy policy, you must not use the Service.

Eligibility

You may use the Service only if you can form a binding contract with Blockworks and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Blockworks.

You must not:

  • sell, rent or sub-license material from the Newsletter or Website;

  • reproduce, duplicate, copy, or otherwise exploit material on this Newsletter or Website for a commercial purpose;

  • republish material from the Website or Newsletter (including republication on another website or app) except for as provided in Permitted Sharing below;

  • show any material from the Newsletter or Website in public except for as provided in Permitted Sharing below;

  • edit or otherwise modify any material in the Newsletter or Website; or redistribute material from the Newsletter or Website without permission from Blockworks except as

  • provided in Permitted Sharing below;

  • use a group inbox to subscribe to the Newsletter, or;

  • share Newsletters beyond the limits provided in Permitted Sharing below.

Acceptable Use

You must not use the Newsletter or Website in any way that causes, or may cause, damage to the Newsletter or Website or impairment of the availability or accessibility of the Newsletter or Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Newsletter.

You must not use the Newsletter or Website for any purposes related to marketing without Blockworks’s express written consent.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Blockworks a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Blockworks the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Blockworks or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Blockworks reserves the right to edit or remove any material submitted to this website, or stored on Blockworks servers, or hosted or published upon this website.

Notwithstanding Blockworks’s rights under these terms and conditions in relation to user content, Blockworks does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

By posting any user content on the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Blockworks a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website, Newsletter, and any other product now existing or later developed by Blockworks (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the Website and Newsletter (and derivative works thereof) in any media formats and through any media channels.

To Other Users: You also hereby grant each user of the Website and Newsletter a non-exclusive license to access your user content.

No Warranties

NOTHING IN THE NEWSLETTER AND/OR ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT BLOCKWORKS SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITE AND/OR NEWSLETTER. BLOCKWORKS IS NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLOCKWORKS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

BLOCKWORKS. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BLOCKWORKS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BLOCKWORKS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLOCKWORKS, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER, THE GOODS OR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR NEWSLETTER. UNDER NO CIRCUMSTANCES WILL BLOCKWORKS BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN the WEBSITE OR NEWSLETTER. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL BLOCKWORKS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOCKWORKS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE WEBSITE AND/OR NEWSLETTER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BLOCKWORKS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BLOCKWORKS HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLOCKWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Website and Newsletter is controlled and operated from its facilities in the United States. Blockworks makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Reasonableness

By using the Newsletter and Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use the Services.

Other parties

You accept that, as a limited liability entity, Blockworks has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Blockworks’ members, managers, officers, or employees in respect of any losses you suffer in connection with the Newsletter or Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Blockworks’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Blockworks.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Blockworks and undertake to keep Blockworks indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Blockworks to a third party in settlement of a claim or dispute on the advice of Blockworks’s legal advisers) incurred or suffered by Blockworks arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Blockworks other rights under these terms and conditions, if you breach these terms and conditions in any way, Blockworks may take such action as Blockworks deems appropriate to deal with the breach, including suspending your access to the Newsletter and/or Website, prohibiting you from accessing the Newsletter and/or Website, blocking computers using your IP address from accessing the Newsletter and/or Website, contacting your internet service provider to request that they block your access to the Newsletter and/or Website and bringing court proceedings against you.

Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Newsletter must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Newsletter at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.

Variation

Blockworks may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Newsletter and Website from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Blockworks may transfer, sub-contract or otherwise deal with Blockworks’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

The Website and/or Newsletter may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Blockworks does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Website and/or Newsletter, you do so at your own risk, and you understand that this Agreement and Blockworks’s Privacy Policy do not apply to your use of such sites. You expressly relieve Blockworks from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Blockworks shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Sale or Transfer of Assets

In the event of a sale or intended sale of the Company or any of its assets including a transfer of assets in bankruptcy, information that you provide us (including your registration information) may be transferred to a purchaser without any notice to you.

Entire agreement

These terms and conditions constitute the entire agreement between you and Blockworks in relation to your use of the Newsletter and Website, and supersede all previous agreements in respect of your use of the Newsletter and Website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of New York, without reference to its internal choice of law principles, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York.

Events & Webinars

By registering to a Blockworks event or webinar, you consent to have your email address added to Blockworks’ email marketing list to receive Blockworks emails and for your contact details to be shared with event and webinar sponsors. You can unsubscribe at any time. By purchasing an event ticket to a Blockworks event, you give Blockworks and sponsors permission to use any videos, for marketing purposes, where you may appear in the video.

Arbitration; Class Action Waiver

Arbitration; You and we agree that any dispute arising out of or relating to this Agreement or the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf).

This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND BLOCKWORKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys’ fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law.

Tracking Data

This Website and Newsletter uses tracking tools and cookies. By using this Website and Newsletter and agreeing to these terms and conditions, you consent to our Blockworks use of cookies in accordance with the terms of the Blockworks privacy policy.

Contact

The Blockworks address is 133 W 19th Street, New York, NY, 10011, United States. You can contact Blockworks via email at [email protected].

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