BLOCK BUDDY WEB SITE TERMS OF USE

Table of Contents – Terms and Conditions

  1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. (1)
  2. SITE USE AND CONTENT. (2)
  3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES. (3)
  4. DISCLAIMERS.  (8)
  5. LIMITATION OF LIABILITY. (9)
  6. PRIVACY. (10)
  7. THIRD PARTY CONTENT.  (10)
  8. COPYRIGHT AND TRADEMARKS. (10)
  9. LOCAL LAWS.  (11)
  10. DISPUTE RESOLUTION. (11)
  11. AVAILABILITY.  (12)
  12. NON-TRANSFERABILITY OF USER ACCOUNT. (12)
  13. Important: Your Consent To This Agreement (13)

COMPANY Web Site Terms and Conditions (“Terms”)

Please read the following Terms carefully before using BLOCK BUDDY, LLC’S or WESTERN RESERVE ANESTHESIA EDUCATION, LLC’s (referred to collectively as “COMPANY”, “our” or “we”) web site, myblockbuddy.com, including but not limited to the www.myblockbuddy.com Web Site, as well as the Block Buddy Pro application, any online features, services and/or programs offered by COMPANY (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.

We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

Terms related to Online Account Access to your account(s) that you have with COMPANY (“Account”) is set forth in Paragraph 3 herein.

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS

By merely providing access to the Web Site, COMPANY does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) COMPANY has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 18 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

2. SITE USE AND CONTENT

You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of COMPANY. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.

As a user of the Site, you further agree not to engage in any of the following specific acts:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
  • Use a buying agent or purchasing agent to make purchases on the Site. 
  • Use the Site to advertise or offer to sell goods and services. 
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
  • Engage in unauthorized framing of or linking to the Site. 
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
  • Make improper use of our support services or submit false reports of abuse or misconduct. 
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
  • Attempt to impersonate another user or person or use the username of another user. 
  • Sell or otherwise transfer your profile. 
  • Use any information obtained from the Site in order to harass, abuse, or harm another person. 
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. 
  • Delete the copyright or other proprietary rights notice from any Content. 
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. 
  • Use the Site in a manner inconsistent with any applicable laws or regulations. 

3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES

  • DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:
  • Bill Payment Cutoff Time means 5:00 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day.
  • Business Day means every day except Saturdays and Sundays and federal holidays.
  • Payment Account means your credit card, personal or business checking, savings, or money market account from which COMPANY bill payments for your Account(s) may be made by you. COMPANY recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (e.g., your money market account may permit a limited number of transfers before fees are imposed).
  • Payee means COMPANY or its subsidiary to which you direct a payment.
  • Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., credit card number, banking account number, ABA number, payment date, payment amount, and any additional information).
  • Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the “Due Date” set by COMPANY for your most current bill.
  • Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
  • ONLINE ACCOUNT ACCESS. For certain types of features available through the Web Site, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.myblockbuddy.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number and meter number). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, COMPANY may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify COMPANY if an Authorized User should no longer be given access to an Account through the Online Service.
  • DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:
    • Bill Payment Cutoff Time means 5:00 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day.
    • Business Day means every day except Saturdays and Sundays and federal holidays.
    • Payment Account means your credit card, personal or business checking, savings, or money market account from which COMPANY bill payments for your Account(s) may be made by you. COMPANY recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (e.g., your money market account may permit a limited number of transfers before fees are imposed).
    • Payee means COMPANY or its subsidiary to which you direct a payment.
    • Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., credit card number, banking account number, ABA number, payment date, payment amount, and any additional information).
    • Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the “Due Date” set by COMPANY for your most current bill.
    • Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
  • ONLINE ACCOUNT ACCESS. For certain types of features available through the Web Site, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.myblockbuddy.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number and meter number). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, COMPANY may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify COMPANY if an Authorized User should no longer be given access to an Account through the Online Service.
  • USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify COMPANY of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by email at info@myblockbuddy.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
  • RELIANCE BY COMPANY. You authorize COMPANY to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that COMPANY may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.
  • SECURITY. COMPANY is committed to protecting the security and confidentiality of information about you and your Account and User Account. COMPANY uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
    • You can only access the Online Service with certain browsers that have high security standards.
    • If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
    • The Online Service will automatically log off if prolonged periods of inactivity occur.
    • Your session will terminate if you navigate away from the Online Service to another website.
  • ELECTRONIC COMMUNICATION.
    • Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that COMPANY maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with COMPANY. COMPANY will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from COMPANY, do not respond to the email and notify COMPANY by  forwarding the email to info@myblockbuddy.com.
    • Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. Any electronic communication COMPANY sends to you will be considered received within two calendar days of the date such communication is sent by computer servers utilized by COMPANY to the email address you designate in your account profile or posted to COMPANY’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with COMPANY immediately and, in no event, should your sole method of communication with COMPANY regarding any emergency be by electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by writing to: PO Box 421, Newbury, Ohio 44065. COMPANY may require you to provide written confirmation of any verbal or electronic notice of alleged error by COMPANY.
    • Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become sole property of COMPANY. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
  • PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:
    • Account Inquiry. You may retrieve Account information (such as a balance due) and view up to twelve (12) months of transactions.
    • Alerts. You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has posted to your Account.
    • Review Statements. You may view electronic version of up to twelve (12) months of Account statements. Online statements should not be substituted for, nor represented as, your official statement.
    • Bill Payments. You may make payments to your Account from your Payment Account. Bill Payments may only be made from credit card, checking, money market, or savings accounts and must be made in accordance with the terms of these Terms and any other applicable account agreements.
  • PAYMENTS. You authorize COMPANY to debit your Payment Account and remit funds on your behalf to the Payee. When COMPANY receives a Payment Instruction, you have authorized COMPANY to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize COMPANY to credit your Payment Account for payments returned to you COMPANY.
  • AUTOMATIC SUBSCRIPTION RENEWAL.  All subscriptions are charged automatically on a recurring basis at the end of the pay period until the User cancels their subscription.  A User may cancel the subscription renewal by logging into the User’s account on the Web Site at least 24 hours before the renewal date, clicking settings in the main menu, and choosing “My Account”.
  • CANCELLATION AND REFUND POLICY.  Monthly or Annual subscriptions may be cancelled within seven (7) days of the beginning of pay period by contacting Block Buddy support via the Support tab on www.myblockbuddy.com,  and Block Buddy will issue a full refund.  After seven (7) days, the subscription is non-refundable. 
  • DISCLOSURE OF ACCOUNT INFORMATION. COMPANY will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in COMPANY’s Privacy Policy located at myblockbuddy.com/privacy. We will disclose such information:
    • We will disclose such information: where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
    • to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
    • to persons authorized by law in the course of their official duties;
    • to a consumer reporting agency as defined by Applicable Law;
    • to comply with a government agency or court order, such as a lawful subpoena;
    • to COMPANY employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
    • if you give COMPANY written permission (including by email).
  • INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to COMPANY’s Returned Payment Fee then in effect will be applied to your Account.
  • COMPANY’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If COMPANY debits your Payment Account incorrectly, COMPANY will be responsible for returning the improperly debited funds to your Payment Account. If COMPANY does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, COMPANY will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 5 herein. However, COMPANY will not be liable in the following situations:
    • You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
    • Through no fault of COMPANY’s, you have insufficient funds in your Payment Account to make a payment;
    • Your computer, the software, phone lines, COMPANY’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
    • Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
    • COMPANY has reasonable basis to believe that unauthorized use of your UserID, Password, or User Account or Account has occurred or may be occurring;
    • COMPANY or you has terminated your Online Service or closed your Account to which the UserID was linked;
    • You have supplied your login information to another party; or
    • For any other reason specified in these Terms or any other agreement COMPANY has with you.
  • ACCURATE INFORMATION. In creating and using your User Account on the Web Site, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Web Site (such information being the “Registration Data”); and (ii) 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 COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
  • TERMINATION OF ACCOUNT. COMPANY reserves the right to terminate your use of the Online Service for any reason; without notice or liability, including inactivity and at any time without notice to you (including blocking certain IP addresses. You have the right to terminate your use of the Online Service by calling COMPANY at 1-833-482-8474 or by writing to COMPANY at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by COMPANY, will not affect any of your or COMPANY’s rights and obligations under these Terms that have arisen before the effective date of such termination. These Terms of Use shall remain in full force and effect while you use the Site. COMPANY reserves the right to suspend use and participation at any time in the sole discretion of COMPANY.  
  • RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, COMPANY’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
  • ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify COMPANY at once by email at info@myblockbuddy.com or through the online message center (if applicable).

4. DISCLAIMERS

  • NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
  • INDEMNIFICATION. You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
  • NOT INVESTMENT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE WEB SITE. Nevertheless, the Web Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. COMPANY cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Web Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Web Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.

5. LIMITATION OF LIABILITY

COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. PRIVACY

Personal data that you provide regarding yourself will be handled in accordance with COMPANY’s Privacy Policy located at [www.myblockbuddy.com/privacy].

7. THIRD PARTY CONTENT

  • COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
  • If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with COMPANY. In most cases, COMPANY is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, COMPANY’s Content; (ii) may not create a browser, border environment or frame COMPANY’s Content; (iii) may not imply that COMPANY is endorsing it or its products; (iv) may not misrepresent its relationship with COMPANY; (v) may not present false or misleading information about COMPANY’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

8. COPYRIGHT AND TRADEMARKS

The trademarks, service marks and logos used and displayed on the Web Site are COMPANY’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of COMPANY that may be referred to on the Web Site are the property of COMPANY. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of COMPANY’s trademarks or service marks without COMPANY’s prior written permission. COMPANY aggressively enforces its intellectual property rights. Neither the name of COMPANY nor any of COMPANY other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without COMPANY’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 7(b) above may use the name “COMPANY” in or as part of that URL link. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact COMPANY at the address, email address or telephone number set forth at the bottom of these Terms.

9. LOCAL LAWS

COMPANY makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio, without regard to its conflict of law principles.  

10. DISPUTE RESOLUTION

  • Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
  • Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in USA County, Ohio. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in USA County, Ohio, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
  • Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (A) no arbitration shall be joined with any other proceeding; (B) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (C) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  • Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (A) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (B) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (C) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

11. AVAILABILITY

Information that COMPANY publishes in the Web Site may contain references or cross-references to products, programs or services of COMPANY that are not necessarily announced or available in your area. Such references do not mean that COMPANY will announce any of those products, programs or services in your area at any time in the future. You should contact COMPANY for information regarding the products, programs and services that may be available to you, if any.

12. NON-TRANSFER OF USER ACCOUNT

User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by COMPANY unless acknowledge by COMPANY in writing. COMPANY has no obligation to provide you with written acknowledgment. COMPANY may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

13. TERMINATION OF SERVICE.

We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to COMPANY, to the business of the Web Site’s Internet service provider, or to other information providers.

14. CUSTOMER COMMENTS.

We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to the COMPANY Web Site Privacy Policy located at [www.myblockbuddy.com/privacy].

15. MISCELLANEOUS.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and COMPANY’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the COMPANY Web Site Privacy Policy located at [www.myblockbuddy.com/privacy] are the entire agreement between you and COMPANY with respect to your use of the Web Site and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and COMPANY regarding the Web Site and the Online Service.

Important: Your Consent To This Agreement

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email info@myblockbuddy.com or by sending your comments to:

BLOCK BUDDY, LLC
Attn: SCOTT URIGEL
PO Box 421
Newbury, Ohio 44065
info@myblockbuddy.com

EFFECTIVE AS OF: December 10, 2018

LAST UPDATED: July 28, 2020

Medical Disclaimer

The data contained in www.myblockbuddy.com and the Block Buddy Pro application, including the text, images, graphics and videos, are for informational purposes only. Use of the Web site and application is not intended to be a substitute for professional medical judgment .THE WEB SITE DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. The practice of medicine is a complex process that involves the synthesis of information from a multiplicity of sources. The information contained in the Web site and application delivers similar information to that of a textbook or other health resource. Western Reserve Anesthesia Education, LLC and Block Buddy, LLC (“Company”) accepts no responsibility for the correctness of any diagnosis or treatment based in whole or in part upon the use of this Web site and application. The contents of the Web site and application are provided as a convenience to Web site and application users, and are meant for informational purposes only.  The Company does not take responsibility for decisions taken by the user based solely on the information provided in this Web site and application. The inclusion on the Web site and application of advertisements for specific products or manufacturers does not indicate endorsement by the Company’s contributing institutions or authors.

Although great care has been taken in compiling and checking the information given to ensure accuracy, the Company, the authors, the sponsors, and their servants or agents shall not be responsible or in any way liable for any errors, omissions, or inaccuracies, whether arising from negligence or otherwise, or for any consequences arising therefrom.

DISCLAIMER OF WARRANTIES. THIS WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS.” THE COMPANY MAKES NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEB SITE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS WEB SITE ANS APPLICATION, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS WEB SITE AND APPLICATION. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS WEB SITE  AND APPLICATION FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.