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OpenBuilds Part Store

Terms and Conditions

Terms of Use

LAST UPDATED: February 11, 2015

1. Please read this Terms of Use agreement (the “Agreement”) carefully. Your access to or use of the Site (as defined below) constitutes your consent to be bound by this Agreement.
This Agreement is between you (“you”) and OPENBUILDS (“OPENBUILDS”, “we,” “us”) concerning your access to and use of the online site currently located at http://www.openbuildspartstore.com (together with any successor site(s) and all Services (as defined below), the “Site”). Your use of the Site is governed by this Agreement.

Subject to these Terms of Use, OPENBUILDS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the content and access, defined below and provided to you by OPENBUILDS as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by OPENBUILDS, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included content, unless laws prohibit those restrictions or you have our written permission.

By using our Services, you are agreeing to these terms. Please read them carefully.
2. Acceptance of Terms. The Site is made available by us subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date on which we posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. When using any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to such Services, which are hereby incorporated by reference into this Agreement.

BY ACCESSING OR USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify or waive any fees charged in connection with the Site; or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued access to or use of the Site after such changes will indicate your acceptance of such changes.

3. Site Information. The administrative information offered through the Site is designed to provide practical and useful information on the subject matter covered, and the services offered by OPENBUILDS. WHILE SUCH INFORMATION MAY CONCERN LEGAL ISSUES, ACCOUNTING ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH INFORMATION IS NOT LEGAL, ACCOUNTING, MEDICAL, PHARMACEUTICAL, OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION INCLUDED ON THIS SITE WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION, OR THE ADVICE OF A COMPETENT PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENTS OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION IS NOT PROVIDED FOR THE PURPOSE OF RENDERING SUCH PROFESSIONAL SERVICES. IF YOU BELIEVE YOU REQUIRE LEGAL ADVICE OR OTHER EXPERT ASSISTANCE, YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL.

4. Jurisdictional Issues. The Site is controlled and operated by OPENBUILDS from the United States, and is not intended to subject OPENBUILDS to the laws or jurisdiction of any state, country or territory other than that of the United States. OPENBUILDS neither represents nor warrants that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Site are available in all states or territories.

5. Information Submitted Through the Site. Your submission of information through the Site is governed by our Privacy Policy. You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.

6. Description of the Services. We provide users of the Site with access to certain content and services related to use and purchasing of OPENBUILDS’ products, at the request of users and patrons.

7. Quality of the Internet Services. The quality (e.g., the resolution) of content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. OPENBUILDS makes no representation or warranty regarding access to content available through the Services, including the quality of streaming content and the download speed of downloadable content.

8. Rules of Use. You must comply with all applicable laws, rules and regulations while accessing or using the Site. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned upon your compliance with the rules set forth in this section. You must not:

• Post, transmit, or otherwise make available, through or in connection with the Site,
o threatening, harassing, discriminatory, degrading, hateful or intimidating messages;
o defamatory, fraudulent or otherwise tortuous materials or messages;
o obscene, indecent, pornographic or otherwise objectionable materials or messages;
o anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense;
o any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
o any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," investment opportunity or other form of solicitation; or
o any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.

• Use the Site to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or for any other fraudulent or unlawful purpose.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
• Restrict or inhibit any other person from using the Site (including by hacking or defacing the Site).
• Use the Site to advertise or offer to sell or buy any goods or services.
• License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or any access to or use of the Site.
• Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site.
• Remove any copyright, trademark or other proprietary rights notice from the Site or any materials available through the Site.
• Frame or mirror any part of the Site without OPENBUILDS’ express prior written consent.
• Systematically download or store content from the Site.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site without OPENBUILDS’ express prior written consent. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you (and not OPENBUILDS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site, and paying all charges related thereto.
We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).

9. Registration, Membership, User Names and Passwords. You may need to register to use all or part of the Site. You represent and warrant that all information submitted to OPENBUILDS in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you (and not OPENBUILDS) are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

10. Forums. We and our service providers may make available through the Site certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a “Forum”).

Information contained in Forums may be provided by employees of OPENBUILDS as well as by third-party visitors to the Site. Please note that visitors to the Site may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. OPENBUILDS and its directors, officers, employees, representatives, affiliates, licensors and service providers (collectively, with OPENBUILDS, the “OPENBUILDS Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, the OPENBUILDS Entities are not responsible for any information or materials made available through the Forums (including errors or omissions in Forum postings or links or images embedded in Forum postings) or results obtained by using any such information or materials. Under no circumstances will the OPENBUILDS Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of OPENBUILDS.

In addition, the OPENBUILDS Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party information voluntarily made public through a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

11. Submissions. The Site may make available certain functionality (including Forums and e-mail addresses) through which you are able to post, send or make available information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or here after developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Submissions for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Submission.

Without limiting the rights granted above, if you are speaking or otherwise presenting at a OPENBUILDS program, you consent to our recording of such presentation in connection with such program (including any PowerPoint slides you use) and to the publication, distribution, exhibition and display of any presentation. With regard to any written materials you submit in connection with a OPENBUILDS program, you also consent to OPENBUILDS’ reproduction, publication, distribution, exhibition and display of such submissions. We may exercise or license these rights in all forms and media, whether now known or later developed, throughout the world. Your consent is irrevocable and extends to OPENBUILDS and its successors, assigns and licensees, and includes the right to use your name, photograph, likeness, voice, statements and professional biography. We will not edit or change your presentation or materials.

All of the rights you are granting to OPENBUILDS herein with respect to presentations and submissions are nonexclusive, and nothing will prevent you from repeating your presentation and republishing your submission elsewhere. You recognize that we, as the program producer, will be the copyright owner of the recording of any presentation and the course handbook compilation (and similar compilations of submissions), as well as any and all visual artist rights and moral rights.

You confirm that you have the authority to grant the foregoing nonexclusive license relating to presentations and submissions and that your presentation and submission will not violate the rights of anyone else. You also confirm that, to the extent your presentation or submission includes third party material, you have obtained permission for the use of such third party material consistent with the scope of this license. Upon our request, you agree to provide OPENBUILDS with satisfactory evidence of your permission to use all third-party material by completing the “OPENBUILDS Reprint Permission Form” or comparable evidence of reprint permission.

12. Feedback. Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Input”), whether related to the Site, the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place OPENBUILDS under any fiduciary or other obligation; and (b) any Input is not confidential and OPENBUILDS has no confidentiality obligations with respect to such Input. Without limiting the foregoing, all Input shall be deemed a Submission and licensed to us.

13. Monitoring. We may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.

14. Proprietary Rights. We and/or our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Trade names, trademarks and service marks on the Sites, including without limitation, OPENBUILDS, and the relevant logos, designs, and word marks are owned by OPENBUILDS licensors or other respective owners. Such trade names, trademarks and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of the owner.

15. Purchases. We may make available products and services for purchase through the Site, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site. If you wish to purchase any product or service made available by us through the Site or through our telephone, mail-order, telemarketing efforts, customer service representatives, account representatives or other sales channels (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to OPENBUILDS the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

OPENBUILDS reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Refunds and exchanges will be subject to OPENBUILDS’ refund and exchange policies in effect, which include but are not limited to the following:
16. Cancellation and Refund Policy
OPENBUILDS reserves the right to refuse or limit the number of returns permitted without valid receipts. No returns for purchases made with checks will be made if you have outstanding checks with OPENBUILDS. OPENBUILDS may require valid picture ID (state driver's license, state ID card or military ID) for any return. OPENBUILDS uses refund and check verification systems. All returns are subject to system approvals. Valid picture ID information or phone number may be entered into these systems where authorized by law.
These remedies are your exclusive remedies. All other remedies are hereby excluded. All warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose are expressly excluded. The exclusions herein are subject to and may be limited by applicable law and you may have additional rights that vary from state to state.
If you have questions, contact Openbuilds by email at contact@openbuildspartstore.com.
Additional provisions on cancelations and refunds are found at http://openbuildspartstore.com/shipping-returns/

17. Accuracy of Information; Products, Content and Specifications. We attempt to ensure that information provided on or in connection with the Site is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Site do not imply OPENBUILDS’ endorsement of such third-party products or services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

18. Third Party Content. The Site may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. The Site may provide links to other web sites and online resources that include Third Party Content. Because we do not control Third Party Content, you agree that the OPENBUILDS Entities are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by any of the OPENBUILDS Entities with respect to any Third Party Content. YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY CONTENT.

OPENBUILDS shall have the right, at any time, to block links to the Site through technological or other means without prior notice.

19. DISCLAIMER OF WARRANTIES and LIMITATIONS ON LIABILITY. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. THE OPENBUILDSENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.

LIMITATION OF LIABILITY. OPENBUILDS ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE OPENBUILDSENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY OPENBUILDSOR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF OPENBUILDSFOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO OPENBUILDSTO ACCESS AND USE THE SITES.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at privacy@openbuildspartstore.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

20. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the OPENBUILDS Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions (including any Program Submission) or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.

21. Termination. This Agreement is effective until terminated. OPENBUILDS may terminate your access to or use of the Site, at any time and for any reason, including if OPENBUILDS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that OPENBUILDS may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that OPENBUILDS shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. This provision shall survive any expiration or termination of this Agreement.

22. Governing Law and Arbitration. This Agreement is governed by the laws of the State of New Jersey, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND OPENBUILDS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE, YOU AGREE THAT YOU AND OPENBUILDSARE EACH WAIVING OUR RIGHTTO TRIAL BY A JURY. BY YOUR ACCESS TO ORUSE OF THE SITE, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Any arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in the State of New Jersey, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

23. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to privacy@openbuildspartstore.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

24. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send OPENBUILDS a written notice by mail or email, requesting that OPENBUILDS remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send OPENBUILDS a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to OPENBUILD’s DMCA Agent, by email to DMCANotice@openbuildspartstore.com .
We suggest that you consult your legal advisor before submitting a notice or counter-notice.

25. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and On Guard Online (http://onguardonline.gov/). Please note that OPENBUILDS does not endorse any of the products or services listed at such sites.

26. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to contact@openbuildspartstore.com, or Director of Marketing at the address provided on the Contact Us webpage, or by calling us through the information provided on the contact pages. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

27. Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and OPENBUILDS. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

The terms of service, together with all policies referred to herein, are the entire Agreement between you and OPENBUILDS relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and OPENBUILDS relating to such subject matter.

Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in OpenBuilds’ discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. OPENBUILDS will not be responsible for failures to fulfill any obligations due to causes beyond its control.