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Terms of Use


Please read these terms of use carefully, as they contain important information regarding your legal rights and remedies.

Overview

The Bitalus website ("Site") is owned and operated by Bloch Engineering. These Terms of Use ("Terms of Use") set forth the terms and conditions of your use of the Site and the products and services (individually and collectively, the "Services") found at this Site. Your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use. Bloch Engineering may change these Terms of Use at any time (including any additional Terms). If Bloch Engineering changes the Terms of Use, Bloch Engineering will post an updated set of terms and conditions of use on this Site. If, however, the terms and conditions are modified in a manner that is materially adverse to the interests of Customer, then, within thirty (30) business days, Customer shall have the right to terminate this agreement, without penalty or forfeiture, and shall be entitled to receive back all payments for the period of such termination (termination date until license(es) expiration date).. If any modification is unacceptable to You, You shall cease using this Site and the Services. If You do not cease using this Site and the Services, You will be conclusively deemed to have accepted the change.

Authority and eligibility

This Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, You represent and warrant that You are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. If You are agreeing to this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to this Agreement. If Bloch Engineering finds that You do not have the legal authority to bind such corporate entity, You will be personally responsible for the obligations contained in this Agreement. Bloch Engineering shall not be liable for any loss or damage resulting from Bloch Engineering’ reliance on any instruction, notice, document or communication reasonably believed by Bloch Engineering to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Bloch Engineering reserves the right (but undertakes no duty) to require additional authentication from You.


Rules of conduct

All information, data, text, images, payment information, reports, messages or other materials communicated or transmitted using the Site or the Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. You, and not Bloch Engineering, are responsible for all content that You upload, post, email, distribute, communicate, transmit or otherwise make available using the Services or that is otherwise made available through the use of Your account, whether or not authorized by You, and by using the Site and the Services, You may be exposed to content that is inaccurate, unlawful, harmful, offensive, or otherwise objectionable. You acknowledge and agree that Bloch Engineering does not control the content provided by the Site and Services and does not guarantee the accuracy, integrity, or quality of the content. You agree that You will not use this Site or the Services found at this Site in a manner that:

  • ​Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
  • Infringes on the intellectual property rights of another user or any other person or entity;
  • Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that You owe to another user or any other person or entity;
  • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.

Bloch Engineering reserves the right to suspend or terminate Your use of the Site for any violation of the above Rules of Conduct. Bloch Engineering also reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation, Services, prices, and/or fees for the same, at any time.

Links to third-party websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Bloch Engineering. Bloch Engineering assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using this Site or the Services found at this Site, You expressly release Bloch Engineering from any and all liability arising from your use of any third-party website.

Disclaimer of representations and warranties

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” BLOCH ENGINEERING, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. BLOCH ENGINEERING, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BLOCH ENGINEERING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BLOCH ENGINEERING, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE, OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND ALL USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Indemnity

You shall indemnify, defend and hold harmless Bloch Engineering, its past and present directors, affiliates, partners, officers, employees, representatives, and agents, from and against all liabilities, damages and expenses, and claims for damages, suits, proceedings, recoveries, judgments or executions (including but not limited to litigation costs, expenses, and reasonable attorneys’ fees) from: (i) Your use of and access to this Site or the Services found at this Site; (ii) Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; (iii) Your performance or failure to perform, or improper performance of any of Your obligations under these Terms of Use; and/or (iv) Your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site.

Limitation on liability

In no event will Bloch Engineering be liable for any consequential, indirect, direct, exemplary, special, punitive, or incidental damages, including any lost data and lost profits, arising from or relating to Your use of the Site or Services found at the Site.

Payments

If Bloch Engineering invoices You for any fees for Services under this Site, You agree and shall pay all fees and other charges within thirty (30) days of the date of each invoice. Provided that the invoice is timely received, in the event that You fail to pay within thirty (30) days from Customer receiving the invoice, Bloch Engineering may levy a late payment charge computed at the rate of 1 1/2% per month on the outstanding balance due hereunder from any month or fraction thereof that such payment is in default. Bloch Engineering reserves the right to increase any charge or fee on the Site upon not less than thirty (30) days prior written notice.

Refunds

All sales through the Site are final. If technical problems prevent or unreasonably delay access to Bloch Engineering Services, the exclusive and sole remedy is either replacement or refund of the price paid, as determined by Bloch Engineering management.

Privacy

Bitalus’ Privacy Policy is found here. This Privacy Policy provides information about what information is collected via the Bitalus Site and the ways in which Bloch Engineering and Bloch Engineering users use that personal information.

Taxes and legal consequences

In the event that the sale or delivery of Bloch Engineering Services are subject to any sales, use, goods and services, value added, or similar tax, under applicable law, responsibility for the collection and remittance of the tax for such sales is your sole responsibility. You shall indemnify and hold Bloch Engineering harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy and any penalties and/or interest thereon. The relationship between you and Bloch Engineering may have legal and/or tax consequences for you. You acknowledge and agree that it is your responsibility to consult with your own legal and tax advisors with respect to your legal and tax obligations.

Applicable law and jurisdiction

These Terms of Use are exclusively governed by Swiss law under exclusion of its conflict of laws rules. The courts of Aarau, Switzerland shall have exclusive jurisdiction with respect to any disputes arising from or in connection with these Terms of Use or any product/service we offer.

Contact

All notices, requests, demands or other communications hereunder shall be in writing, hand delivered, sent by first class mail, or overnight mail and shall be deemed to have been given when received at the following addresses: Bloch Engineering, Bündteweg 17, CH-5026 Densbüren, Switzerland


Updated: 03/27/2023


Changeset:


03/27/2023

Overview
The Bitalus website ("Site") is owned and operated by Bloch Engineering. These Terms of Use ("Terms of Use") set forth the terms and conditions of your use of the Site and the products and services (individually and collectively, the "Services") found at this Site. Your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use. Bloch Engineering may change these Terms of Use at any time (including any additional Terms). If Bloch Engineering changes the Terms of Use, Bloch Engineering will post an updated set of terms and conditions of use on this Site. If any modification is unacceptable to You, You shall cease using this Site and the Services. If You do not cease using this Site and the Services, You will be conclusively deemed to have accepted the change.

New:

Overview
The Bitalus website ("Site") is owned and operated by Bloch Engineering. These Terms of Use ("Terms of Use") set forth the terms and conditions of your use of the Site and the products and services (individually and collectively, the "Services") found at this Site. Your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use. Bloch Engineering may change these Terms of Use at any time (including any additional Terms). If Bloch Engineering changes the Terms of Use, Bloch Engineering will post an updated set of terms and conditions of use on this Site. If, however, the terms and conditions are modified in a manner that is materially adverse to the interests of Customer, then, within thirty (30) business days, Customer shall have the right to terminate this agreement, without penalty or forfeiture, and shall be entitled to receive back all payments for the period of such termination (termination date until license(es) expiration date). If any modification is unacceptable to You, You shall cease using this Site and the Services. If You do not cease using this Site and the Services, You will be conclusively deemed to have accepted the change.


Payments
If Bloch Engineering invoices You for any fees for Services under this Site, You agree and shall pay all fees and other charges within thirty (30) days of the date of each invoice. Provided that the invoice is timely received, in the event that You fail to pay within thirty (30) days of an Invoice, Bloch Engineering may levy a late payment charge computed at the rate of 1 1/2% per month on the outstanding balance due hereunder from any month or fraction thereof that such payment is in default. Bloch Engineering reserves the right to increase any charge or fee on the Site upon not less than thirty (30) days prior written notice.


New: 

Payments
If Bloch Engineering invoices You for any fees for Services under this Site, You agree and shall pay all fees and other charges within thirty (30) days of the date of each invoice. Provided that the invoice is timely received, in the event that You fail to pay within thirty (30) days from Customer receiving the invoice, Bloch Engineering may levy a late payment charge computed at the rate of 1 1/2% per month on the outstanding balance due hereunder from any month or fraction thereof that such payment is in default. Bloch Engineering reserves the right to increase any charge or fee on the Site upon not less than thirty (30) days prior written notice.

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