Terms - Checkout blocks

Checkout Blocks Terms and Conditions

Thank you for visiting the Checkout Blocks website and using the Checkout Blocks Shopify application. The Checkout Blocks website and its associated services including the Checkout Blocks Shopify application (collectively, the “Website”) are provided by Checkout Blocks, Inc., a Delaware corporation (“Checkout Blocks”). Throughout the Website, the terms “we”, “us” and “our” refer to Checkout Blocks. Checkout Blocks offers this website and its application (“Checkout Blocks App”), including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, subscribing to use the Checkout Blocks App, and/or by using the Checkout Blocks App on your mobile device or computer, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the website and application, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read this Agreement carefully before accessing or browsing our Website and using our Services. By accessing or using any part of the Website and Services, you agree to be bound by this Agreement, and your use of our Website and Services is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or Services or subscribe to the Checkout Blocks App.

Any new applications or other products, and any new features or tools, which are added to the current Website or Checkout Blocks App shall also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the terms of this Agreement by posting updates and/or changes to our Website and/or within the Checkout Blocks App. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and Checkout Blocks App following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

Checkout Blocks hereby incorporates its Privacy Notice as if fully restated herein. You must review Checkout Blocks’ Privacy Notice to understand what personal and personally identifiable information Checkout Blocks may collect from you when you use the Website and Checkout Blocks App and how Checkout Blocks may use that personal or personally identifiable information.

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Checkout Blocks WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Nothing in this Agreement shall be interpreted in such a way as to violate Shopify’s Terms of Service. We encourage you to review Shopify’s Terms of Service. To the extent there are terms in this Agreement that (1) do not violate terms in Shopify’s Terms of Service for application providers and are (2) more narrow, restrictive, or broader than Shopify’s term(s), the Terms in this Agreement shall control.

1. User Eligibility. The Website and Checkout Blocks App are open to use to those who are age eighteen (18) or above. By using the Website or Checkout Blocks App, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website or Checkout Blocks App on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

2. Intellectual Property Rights. The Website and Checkout Blocks App and their associated trademarks and content are owned and used by Checkout Blocks, including, but not limited to, Checkout Blocks’ trademark: Checkout Blocks ™. Any use of the Website or Checkout Blocks App, their associated trademarks, or their content without the prior written approval of Checkout Blocks is prohibited. The selection, arrangement, and layout of the Website and the Checkout Blocks App interface is the sole and exclusive property of Checkout Blocks, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited. The coding for the Checkout Blocks App is the sole and exclusive property of Checkout Blocks, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, of the code is expressly prohibited.

3. User Generated Content. Checkout Blocks may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Services including, but not limited to, product reviews (“User Feedback”). You may also send certain specific submissions per our request (for example contest entries) or, if without a request, you may send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“User Comments”) (User Feedback and User Comments are collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights.

By submitting User-Generated Content to Checkout Blocks, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. By submitting User-Generated Content to Checkout Blocks, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to Checkout Blocks. When posting User Feedback to the Website or Checkout Blocks App, you warrant that your User Generated Content will be accurate, truthful, non-deceptive, and complete.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any User Comments that you forward to us. We are and shall be under no obligation (1) to maintain any User Comments in confidence; (2) to pay compensation for any User Comments; or (3) to respond to any User Comments.

Checkout Blocks assumes no responsibility, and cannot be held liable for, User-Generated Content or the conduct of any users that submits User-Generated Content to Checkout Blocks.

4. Acceptable Use Policy. When you use the Website or Checkout Blocks Application, you agree to use them only for their customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Checkout Blocks for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website or Checkout Blocks Application to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Checkout Blocks through a separate, written agreement (this restriction does not apply to search engines that comply with Checkout Blocks’ robots.txt file);
Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Checkout Blocks’ robots.txt file);
Circumventing the technological protection measures of the Website or Checkout Blocks Application;
Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website, Checkout Blocks Application, or third parties;
Disrupting or otherwise interfering with the Website, Checkout Blocks Application, or their associated servers or networks;
Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or Checkout Blocks Application or their respective content;
Diverting or attempting to divert customers of the Website or Checkout Blocks Application to another website or service;
Sending unsolicited or unauthorized communications to users of the Website, Checkout Blocks Application, or third parties;
Transmitting content to the Website or Checkout Blocks Application that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
Reverse engineering, decompiling, translating, or disassembling the Website, Checkout Blocks Application, or their respective content; and
Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Checkout Blocks reserves the right to modify, amend, or terminate the Website, Checkout Blocks Application, or their associated content at any time and without prior notice. Checkout Blocks also reserves the right to refuse service or access to the Website or Checkout Blocks Application to any person or business entity at any time and without notice.

5. Pricing and Subscriptions. When you register for a User Account to access and use the Services, or after the expiration of a promotional offer for a free trial period where applicable, you will be charged a subscription fee. More information regarding our subscription fees and rates can be here found here. Subscription fees are collected automatically each month from the credit card you provide to us when you create your User Account.

Subscription fees are non-refundable.

You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the website or purchase of goods through the website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Checkout Blocks is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Checkout Blocks payment processor. You agree that you will not initiate any chargebacks to Checkout Blocks unless otherwise authorized by Checkout Blocks in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Checkout Blocks.

6. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods or services through the Website or Checkout Blocks Application. Checkout Blocks will report as income all payments received from you to Checkout Blocks to all proper taxing authorities.

7. Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel subscriptions if you have violated the terms of this Agreement.

You agree to provide current, complete, and accurate purchase and account information for all subscriptions made through our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Third-Party Websites. You acknowledge and agree that the Website or Checkout Blocks Application may contain links to third-party websites or content that Checkout Blocks does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website or Checkout Blocks Application, and you agree that Checkout Blocks will not be responsible for websites not under the ownership or control of Checkout Blocks.

9. Errors and Omissions. Occasionally there may be information on our Website or Checkout Blocks Application that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, or other offers. Checkout Blocks reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have subscribed).

10. Term and Termination. The term of this Agreement will begin upon your first accessing of the Website or Checkout Blocks Application and will continue until the earlier of the following: (i) Checkout Blocks terminates your access to the Website and/or Checkout Blocks Application; or (ii) you cease using the Website or Checkout Blocks Application. Checkout Blocks reserves the right to terminate the Website or Checkout Blocks Application or your access to the same in its sole and absolute discretion and without prior notice.

11. Disclaimer of Warranties and Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT THE Website and Checkout Blocks Application IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT Checkout Blocks WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE Website, Checkout Blocks Application, OR OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE Website, Checkout Blocks Application, OR DOWNTIME OF SAME. YOU ACKNOWLEDGE THAT YOUR USE OF THE Website and Checkout Blocks Application IS AT YOUR SOLE RISK AND THAT Checkout Blocks’ LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE Website or Checkout Blocks Application OR $500, WHICHEVER IS LESS.
Checkout Blocks EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE Website, Checkout Blocks Application, OR OUR SERVICES. THE Website, Checkout Blocks Application, AND THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
Checkout Blocks WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE Website, Checkout Blocks Application, OR OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

12. Indemnification. You agree to indemnify, defend, and hold harmless Checkout Blocks, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website or Checkout Blocks Application, (ii) your purchase of products, goods, or services through the Website or Checkout Blocks Application; (iii) your use or misuse of products, goods, or services obtained through the Website or Checkout Blocks Application; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Checkout Blocks will not provide you with the ability to control Checkout Blocks’ defense, and Checkout Blocks reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

13. Choice of Law and Stipulation to Jurisdiction.

You and Checkout Blocks agree that any dispute arising out of or related to this Agreement or your use of the Website or Checkout Blocks Application, including, but not limited to, your purchase of goods or services through the Website or Checkout Blocks Application, will be governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and Checkout Blocks agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement, your use of any products, goods, or services purchased through the Website or Checkout Blocks Application, or your use of the Website or Checkout Blocks Application including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Dover County, Delaware or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF THE Website or Checkout Blocks Application, OR THE SUBSCRIPTION TO OR USE OF THE SERVICES FROM OR THROUGH THE Website or Checkout Blocks Application, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND Checkout Blocks EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of each applicable purchase or will otherwise be barred.

14. Force Majeure. Checkout Blocks will not be responsible for any delay or failure in performance of the Website, Checkout Blocks Application, or our Services arising out of any cause beyond Checkout Blocks’ control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

15. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website and/or Checkout Blocks Application, including, but not limited to, your duty to indemnify and defend Checkout Blocks.

16. Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

17. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. Checkout Blocks reserves the right to assign its rights and duties under this Agreement, including in a sale of Checkout Blocks, its Website, or the Checkout Blocks Application.

18. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.