By using the Site you agree to the terms and conditions outlined in these Terms of Use herein referred to as "Terms". If you do not agree to the Terms, please do not use this Site. 

Through the Site we may sell hardware products, software products and services but are not limited to such. These services and products are subject to these Terms, and may also be subject to additional terms available with those services or products. If so, the additional terms also form part of your agreement with us, and if there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. The BUILDERS PACK software used with BUILDERS PACK hardware products is licensed separately and governed by the BUILDERS PACK End User Software License Agreement. BUILDERS PACK’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Changes to These Terms

Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content, contained on the Site is owned, controlled or licensed by or to BUILDERS PACK, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws. You may use information on BUILDERS PACK products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by BUILDERS PACK for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use the information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to the information, and (4) not make any additional representations or warranties relating to the information.

Your Use of the Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BUILDERS PACK server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BUILDERS PACK on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal or tortuous activity, or any other activity which infringes the rights of BUILDERS PACK or others.

Account

Some services or features on or offered through the Site may require you to create or have a Builderspack Account. You must keep your BUILDERS PACK Account details secure and must not share them with anyone else. You are responsible for all activities that occur on or through your BUILDERS PACK Account, and you agree to immediately notify BUILDERS PACK of any security breach of your account. BUILDERS PACK will not be responsible for any losses arising out of the unauthorized use of your BUILDERS PACK Account.

Privacy and Security

BUILDERS PACK’s Privacy Policy explains how we treat your personal data and protect your privacy when using the Site and using our products and services, and it is incorporated by reference into these Terms. By using the Site, you agree that BUILDERS PACK can use the data in accordance with our Privacy Policy.

Interactive Forums and Submitted Content

We may provide the ability for you to upload or share information or other content on or through the Site, or on message boards, chat rooms, blogs, and other interactive forums or services (each, a “Forum”) on the Site. All information, data, text, software, music, sound, photos, graphics, videos, messages, comments, or other content posted by you (“Submitted Content”) are solely your responsibility. You are entirely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available, and you are solely responsible for any liability arising from or related to any Submitted Content you transmit in any manner via the Site. By posting Submitted Content, you grant BUILDERS PACK a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Submitted Content. We do not control the Submitted Content and do not warrant its nature, accuracy, integrity, or quality, or that you will not be exposed to offensive, indecent, or objectionable material. Any user failing to comply with these Terms or the Forum rules may be expelled from and refused continued access to Forums. You acknowledge and agree that Forums are public spaces and that your participation in Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. We are not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Builderspack or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

Submitted Ideas or Feedback

You may choose to, or BUILDERS PACK may invite you to, submit comments, suggestions, feedback or ideas about the Site and/or BUILDERS PACK products or services, or other Submitted Content, including without limitation how to improve the Site or how to improve, develop or introduce BUILDERS PACK products, services or software or features (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, non-confidential, gratuitous and non-committal, and will not place BUILDERS PACK under any fiduciary or other obligation. You grant to BUILDERS PACK and its designers a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any Ideas without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Ideas, and all rights therein, in the name of BUILDERS PACK, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that BUILDERS PACK may be working on the same or similar Ideas, that it may already know of such Ideas from other sources, that it may simply wish to develop this (or similar Ideas) on its own or it may have taken/will take some other action.

Third Party Sites

The Site may contain links to other web sites operated by third parties (“Third Party Sites”). Third Party Sites are not under our control. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You hereby release Builderspack and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with Third Party Sites.

Third Party Content

If you are a copyright owner or an agent of a copyright owner and believe that any content available on or through the Site infringes upon your copyrights, you may submit a notification through the procedure outlined in BUILDERS PACK’s Third Party Copyright Procedure.

Warranty Disclaimers

THE SITE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND BUILDERS PACK AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BUILDERS PACK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. BUILDERS PACK reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL BUILDERS PACK BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF Builderspack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding these provisions, BUILDERS PACK is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, BUILDERS PACK’s liability will in no event exceed US$50.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You (and also any third party for whom you operate an account or activity on the Site) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) your Submitted Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Void Where Prohibited

BUILDERS PACK administers and operates the Site from its location in New York USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the USA. BUILDERS PACK reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the USA, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

General Terms

These Terms are governed by the laws of the USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. These Terms, together with any additional terms with BUILDERS PACK that you agree to by using a product or service available through the Site, or by affirmatively agreeing to the additional terms, are the entire agreement between you and BUILDERS PACK regarding the use of the Site. Any failure by BUILDERS PACK to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without BUILDERS PACK’s prior written consent. These Terms may be assigned by BUILDERS PACK without restriction. These Terms are binding upon any permitted assignee. BUILDERS PACK may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy, or posting of such notice on the Site. BUILDERS PACK is not responsible for any automatic filtering you or your network provider may apply to email notifications. Copyright © 2018 – Current, BUILDERS PACK All rights reserved. BUILDERS PACK reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents. BUILDERS PACK, Inc. (“BUILDERS PACK” or “we”) warrants this BUILDERS PACK hardware product against material defects in materials and workmanship for a period of one year from the date of purchase (“Warranty Period”) by the original end user purchaser (“you”). Except where prohibited by applicable law, this warranty is nontransferable and is limited to the original purchaser. This warranty gives you specific legal rights, and you may also have other rights that vary under local laws. BUILDERS PACK, does not warrant that the operation of the product will be uninterrupted or error-free. BUILDERS PACK is not responsible for damage arising from failure to follow instructions relating to the product’s use.

Remedies

If the product is determined to be materially defective during the Warranty Period, BUILDERS PACK will (at its option) (1) repair or replace the product, or (2) refund the price paid, provided that the product is returned to the point of purchase or such other place as BUILDERS PACK may direct with a copy of the sales receipt or dated itemized receipt. Shipping and handling charges may apply except where prohibited by applicable law. BUILDERS PACK may, at its option, use new or refurbished or used parts in good working condition to repair or replace any product. Any replacement product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer or for any additional period of time that may be applicable in your jurisdiction. This warranty does not cover problems or damage resulting from (1) accident, abuse, misapplication, or any unauthorized repair, modification or disassembly; (2) improper operation or maintenance, usage not in accordance with product instructions or connection to improper voltage supply; (3) use of cables or other equipment not supplied by BUILDERS PACK; or (4) other causes that are not defects in material and workmanship except where such restriction is prohibited by applicable law. This warranty additionally does not cover products marked as “sample” or sold “AS IS”.

How to Obtain Warranty Support

Before submitting a warranty claim, we recommend you visit the support section at http://BUILDERSPACK.com/contact for technical assistance. Valid warranty claims are generally processed through the point of purchase during the first 30 days after purchase; however, this period of time may vary depending on where you purchased your product – please check with Builderspack or the retailer where you purchased your product for details. Warranty claims that cannot be processed through the point of purchase and any other product related questions should be addressed directly to BUILDERS PACK. The addresses and customer service contact information for BUILDERS PACK can be found in the documentation accompanying your product and on the web at https://www.BUILDERSPACK.com/contact.

Limitation of Liability

BUILDERS PACK WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM THE USE OR SERVICE OF THE PRODUCT. IN ADDITION, BUILDERS PACK WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA (WHETHER DIRECT OR INDIRECT) OR COMMERCIAL LOSS FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON YOUR PRODUCT EVEN IF BUILDERS PACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE PROHIBITED BY LAW, THE WARRANTY AND REMEDIES DESCRIBED ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, EXPRESS, STATUTORY OR IMPLIED. Any recovery is limited to repair, replacement, or refund as described above. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you. THE PRODUCT IS NOT INTENDED FOR CONTROL, WHETHER DIRECT OR INDIRECT, OF OR USE WITH INDUSTRIAL, COMMERCIAL, MILITARY OR MEDICAL EQUIPMENT, AND IS NOT INTENDED FOR ANY USE WHERE FAILURE OR FAULT OF THE PRODUCT COULD DIRECTLY OR INDIRECTLY CAUSE RISK OR DAMAGE TO LIFE OR PROPERTY. THIS WARRANTY WILL NOT APPLY IF THE PRODUCT IS USED IN SUCH A MANNER. ANY SUCH USE IS ENTIRELY AT THE USER’S DISCRETION AND RISK. ANY SUCH USER WILL BE SOLELY RESPONSIBLE FOR (AND Builderspack, INC. DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM SUCH USE.

Duration of Implied Warranties

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Builderspack DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THE PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THE WARRANTY PERIOD ABOVE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or do not allow exclusions or limitations on certain damages, including damages for death or personal injury caused by negligence, so the above limitation may not apply to you.

National Statutory Rights

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods. These rights are not affected by the warranties in this limited warranty.

No Other Warranties

No BUILDERS PACK dealer, agent, or employee is authorized to make any modification, extension, or addition to this warranty. Your seller is solely responsible for any other warranties.

HARDWARE TERMS OF SALES

General Terms

By placing an order or making a purchase of a hardware product (“Product”) from the Builderspack website (the “Store”), you agree to the terms of sale (“Terms”) set out below along with BUILDERS PACK’s Privacy Policy and Website Terms of Use. Purchase and use of the Product are also subject to the terms and conditions of BUILDERS PACK’s End User Software License Agreement and Hardware Limited Warranty. Information contained on the Store may contain technical inaccuracies or typographical errors. The Store, all content available on the Store, and all related communications are provided on an “as is” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Store. Please note that we reserve the right to change these Terms at any time, so please review them each time you make a purchase from the Store.

Pricing and Availability

All Products offered on the Store are subject to availability. We reserve the right to change prices for Products at any time, and to correct pricing errors that may inadvertently occur.

Ordering

When you place an order you are making an offer to buy the Product from the Store. By placing an order, you represent and warrant that you are 18 years of age or older, that the information you have provided is true and correct, and that you have the right to use the payment means selected by you. You may be asked to supply information in connection with your order, including your credit card number or other payment account number, your billing address, and your shipping information. By submitting this information, you grant BUILDERSPACK the right to use it in accordance with BUILDERSPACK’s Privacy Policy. These rights include, without limitation, the right to provide this information to third parties for purposes of facilitating the processing of orders and the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the confirmation or acceptance of an order or completion of any purchase.

Order Acceptance

We reserve the right to accept or decline your order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed. If we cancel an order after you have already been billed, we will refund the billed amount. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.

Payment

All credit, debit and other payment account holders are subject to validation checks and authorization by the card issuer or payment account administrator. If the issuer of your payment card or administrator refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

Shipping & Delivery

The stated delivery period within which you will receive your order is approximate. Goods will be sent to the address given by you in your order (subject to any shipping restrictions, which we may impose in our sole discretion). All shipments are made by third party carriers. Risk of loss for items passes to you upon delivery of the items to you, and Builderspack retains title to all Products shipped until we have received final payment in full. Sales Taxes wherever in the world we sell to if we are required to, we will collect the required taxes. Any sales tax charged will be indicated during the checkout process. If we do not collect sales taxes, you are responsible for any applicable taxes. We do not have the ability to honor tax-exempt entities at the time of order. Tax-exempt entities can request a refund of sales tax paid on an order. To request a refund, please contact us through the contact details at http://BUILDERSPACK.com/contact-us.

International Taxes, Customs Duties and Fees

Depending on your shipping address, you may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). If so, you are the importer of record in the destination country and are responsible for all Import Fees, to ensure that the Products can be lawfully imported, and to comply with all laws and regulations of the destination country.

30 Day Return Policy

If within 30 days of shipping you are not completely satisfied with your Product purchased from the Store, you may return it to BUILDERSPACK for a refund. Shipping charges, customs and duties are not refundable. You will also responsible for any shipping charges for sending the Product back to us. To initiate a refund and to arrange for the return of the Product, call BUILDERSPACK support at the number available at http://BUILDERSPACK.com/contact. You are responsible for the costs of shipping the Product back to BUILDERSPACK. Any items damaged due to reasons not covered under our hardware limited warranty (for example, if the Product is damaged due to abuse or dis-assembly of the Product) cannot be accepted back for refund.

National Statutory Rights

Consumers in some jurisdictions may have legal rights under applicable legislation governing the online sale of consumer goods. These rights are not affected or limited by these Terms.

Warranty Returns

If you experience a problem with your Product, please contact our support team through the contact details at http://BUILDERSPACK.com/contact-us. Warranty returns are limited to reasons in the BUILDERS PACK Hardware Limited Warranty. Should anything need to be serviced or replaced under warranty, return instructions will be provided along with a return merchandise authorization number (RMA) after you have contacted BUILDERS PACK support. Valid warranty returns including both Product and outbound shipping, are processed at no additional charge to the customer.

Resale

BUILDERS PACK sells and ships products through the Store to end-user customers only. You may not purchase BUILDERS PACK products for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.

Export Controls

You agree to comply with all applicable laws, regulations and orders applicable to the export, re-export, transfer or resale of Products. You also acknowledge that we will not take, and will not be required to take any action contrary to such applicable laws. Among other restrictions, note in particular that certain products may not be exported to certain countries, or may be exported only with individual licenses.

Limitations

The Store is offered by BUILDERS PACK from its offices in Brentwood, New York, USA. Documentation in or available through the Store, including these Terms, the End User Software License Agreement, and the Hardware Limited Warranty, may only be in the English language. Product documentation, including manuals, instructions, and safety warnings, may only be available in the English language. The Products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements.

Contact Us

If you have any questions or inquiries regarding these Terms or any order or purchase, please contact the BUILDERS PACK support team through the contact details at http://BUILDERSPACK/contact -us. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.

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