Terms of Service
Last updated Oct 20th, 2020
These Terms of Service (“Terms”) govern your access to and use of PriceBlocs (“PriceBlocs”, “priceblocs.com”, “we”, “us”, “our”), operated and provided by DevPlan, Inc. By using the Services you agree to be bound by these Terms.
PriceBlocs & Contract
You agree that by clicking “Join PriceBlocs”, “Sign up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with PriceBlocs (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services.
"Content" means text, graphics, photos, music, software, audio, video, information or other materials. "Corporate Member" means a Member that is a company or other legal entity, rather than an individual.
"PriceBlocs Content" means Content that PriceBlocs makes available through the Site or PriceBlocs Service, including any Content licensed to PriceBlocs from a third party, but excluding Member Content.
"Member" means a person or entity who completes PriceBlocs's account registration process, as described under "Account Registration" below. "Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the PriceBlocs Service, including, without limitation, comments to the PriceBlocs blog, learn or docs site. "Site Content" means PriceBlocs Content and Member Content.
This Contract applies to priceblocs.com, and other PriceBlocs-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.
PriceBlocs reserves the right, at its sole discretion, to modify, discontinue or terminate the PriceBlocs Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the PriceBlocs Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service.
If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the PriceBlocs Service. Certain portions of the PriceBlocs Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. PriceBlocs may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the PriceBlocs Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the PriceBlocs Service.
By accessing or using the PriceBlocs Service you represent and warrant to PriceBlocs that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the PriceBlocs Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service.
You also certify that you are legally permitted to use and access the PriceBlocs Service and take full responsibility for the selection and use of and access to the PriceBlocs Service. These Terms of Service are void where prohibited by law, and the right to access the PriceBlocs Service is revoked in such jurisdictions.
In order to access the PriceBlocs Service, you must register to create an account ("Account") and become a Member. When registering with PriceBlocs you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the PriceBlocs Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the PriceBlocs Service (or any portion thereof). You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the PriceBlocs Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify PriceBlocs of any unauthorized use of your user ID or password or any other breach of security. PriceBlocs cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, PriceBlocs will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.
Fees and Payment
Signing up for an PriceBlocs account is free for Members who register as individuals or Corporate Members. The free use of various offerings within the PriceBlocs Service, including but not limited to webpage design, building, hosting, e-commerce store, pricing and monetization optimization tooling are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to paid services or to provide payment information to PriceBlocs after being prompted to do so, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the PriceBlocs Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of PriceBlocs Service and/or any related transactions (except for taxes assessed on PriceBlocs's net income or personal property). If your selected PriceBlocs Service package requires a recurring subscription fee, your PriceBlocs Service package will automatically renew, unless we terminate it, or you notify us by email (email@example.com) of your decision to terminate your current PriceBlocs Service package. You must cancel any such PriceBlocs Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
PriceBlocs owns and retain all right, title, and interest in and to the PriceBlocs Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the PriceBlocs Service or otherwise use the PriceBlocs Service in any way that violates the use restrictions contained in these Terms of Service. PriceBlocs does not grant to Member any license, express or implied, to the intellectual property of PriceBlocs or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the PriceBlocs Service is considered the confidential and proprietary information of PriceBlocs (collectively "PriceBlocs Confidential Information"). Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to PriceBlocs in connection with its use of the PriceBlocs Service and (b) reports and other materials generated by the PriceBlocs Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to PriceBlocs a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the PriceBlocs Service solely for purposes of (x) maintaining and improving the PriceBlocs Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the PriceBlocs Service compiled by PriceBlocs solely for marketing purposes or distribution to third party research firms. PriceBlocs Logos and Designs. PriceBlocs's logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of PriceBlocs in the U.S. and/or other countries. PriceBlocs's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without PriceBlocs's prior written permission. Member Art. Member shall retain all right, title and interest in and to all of Member's logos, promotional graphics and related marketing designs (collectively, the "Member Art"), provided, however, that Member hereby grants to PriceBlocs a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing PriceBlocs's products and services to third parties, subject to Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the PriceBlocs Service ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org and where available, using a live chat feature within the app. You acknowledge and agree that all Feedback will be the sole and exclusive property of PriceBlocs and you hereby irrevocably assign to PriceBlocs and agree to irrevocably assign to PriceBlocs all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At PriceBlocs's request and expense, you will execute documents and take such further acts as PriceBlocs may reasonably request to assist PriceBlocs to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the PriceBlocs Service, or any individual element within the PriceBlocs Service, PriceBlocs's name, any PriceBlocs trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PriceBlocs's express written consent;
Attempt to probe, scan, or test the vulnerability of any PriceBlocs system or network or breach any security or authentication measures;
Access, tamper with, or use non-public areas of the PriceBlocs Service, PriceBlocs's computer systems, or the technical delivery systems of PriceBlocs's providers;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the PriceBlocs Service or staff member of PriceBlocs.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PriceBlocs or any of PriceBlocs's providers or any other third party (including another user) to protect the PriceBlocs Service or Site Content;
Attempt to access or search the PriceBlocs Service or Site Content or download Site Content from the PriceBlocs Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by PriceBlocs or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the PriceBlocs Service to the mobile numbers of people you do not know);
Use or disclose any PriceBlocs Confidential Information, except as otherwise explicitly set forth herein.
Use any meta tags or other hidden text or metadata utilizing a PriceBlocs trademark, logo URL or product name without PriceBlocs's express written consent;
Use the PriceBlocs Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the PriceBlocs Service or Site Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the PriceBlocs Service or Site Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the PriceBlocs Service;
Collect or store any personally identifiable information from the PriceBlocs Service from other users of the PriceBlocs Service without their express written permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or Encourage or enable any other individual or entity to do any of the foregoing.
PriceBlocs will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PriceBlocs may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that PriceBlocs has no obligation to monitor your access to or use of the PriceBlocs Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the PriceBlocs Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
THE APP SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. APP MAKES NO WARRANTY THAT THE APP SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. APP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APP SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE APP SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APP OR THROUGH THE APP SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP SERVICE. YOU UNDERSTAND THAT APP DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE APP SERVICE, NOR DOES APP MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE APP SERVICE. APP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE APP SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold PriceBlocs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the PriceBlocs Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER APP NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, APP SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR APP SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF APP SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APP SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL APP'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF APP SERVICE OR FROM THE USE OF OR INABILITY TO USE THE APP SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO APP FOR USE OF THE APP SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between PriceBlocs and you regarding the PriceBlocs Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between PriceBlocs and you regarding the PriceBlocs Service.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without PriceBlocs's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. PriceBlocs may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by PriceBlocs (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of PriceBlocs to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PriceBlocs. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Links to Third-Party Websites
Termination and Account Cancellation
If you breach any of these Terms of Service, PriceBlocs will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. PriceBlocs reserves the right to revoke your access to and use of the PriceBlocs Service at any time, with or without cause. In the event PriceBlocs terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time from https://priceblocs.com/profile, or by sending an email to email@example.com.
If you have any questions about these Terms of Service, please contact PriceBlocs at firstname.lastname@example.org.
Thanks for taking the time to read through all of the terms :)