These Terms of Service (the "Terms of Service" or "Terms") govern your use of this website and any other related web or mobile applications or sites (the "Sites") provided by NZXT, Inc. ("NZXT").
NZXT reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended Terms on or within the Sites. We may, in our sole discretion, provide additional notice of any changes, but it is your responsibility to periodically check the Terms of Service for changes. You will be deemed to have accepted any changes to the Terms by continuing to use the Sites. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, you must immediately stop using the Sites.
If you are under 13, you are not authorized to use the Sites.
You may be required to register an account to use certain aspects of the Sites (an "Account"). You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by submitting a support ticket via our support site.
The following rules shall apply to your use of the Sites:
BLD reserves the right to suspend or revoke your Account and/or your access to the Sites for any reason.
BLD reserves the right to stop offering and/or supporting the Sites or a particular part of the Sites at any time either permanently or temporarily. In such event, BLD shall have no liability in connection with such discontinued elements of the Sites, and shall not be required to provide refunds, benefits or other compensation to users.
The Sites contain an online store where you can purchase BLD products and services, which is located at store.letsbld.com (the "Store"). BLD may use third-party service providers to operate the Store and/or process payments. In such cases, the third-party service provider service terms and privacy policies govern your use of the Store and online purchases.
BLD strives to make the descriptions of its products and services as accurate as possible, but BLD does not warrant that any such descriptions are complete, accurate, up-to-date, or error-free. If you purchase a BLD product and you believe it is not as described on the Sites, your sole remedy is to return the product in accordance with BLD’s return policy, which is incorporated as part of these Terms and is found at letsbld.com/returns-and-exchanges.
Products purchased on the Store carry NZXT’s standard limited warranty, found at https://www.letsbld.com/warranty.
The Sites, including without limitation any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Sites, is owned by NZXT. NZXT reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Sites. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on, any element of the Sites except as expressly authorized by NZXT.
Subject to these Terms, NZXT grants you a personal, non-transferable, non-exclusive license to use the Sites, provided that such license does not include the right to broadcast, copy, or incorporate any aspect of the Sites, including but not limited to any NZXT or third party trademark, service mark, trade dress, or information (including other users’ personal information), outside of the Sites.
"User Content" means any information, data, text, images, sounds, or other material posted, uploaded, stored, or transmitted on the Sites by you.
BLD claims no ownership over your User Content. By submitting, posting, or displaying User Content via the Sites, you grant BLD a worldwide, non-exclusive, royalty-free, sub licensable license to use, reproduce, modify, publish, distribute, and exploit the User Content for any purpose in all media now known or hereafter devised.
All User Content is the sole responsibility of the user from which the User Content originated. You also acknowledge that BLD does not guarantee the security of any User Content you transmit to the Sites; if you wish to keep any User Content or other information of yours a secret, do not post it to the Sites. You agree that BLD has no responsibility or liability for deletion or failure to store any User Content posted, stored, or transmitted via the Sites.
BLD shall have the unlimited right, but not obligation, to monitor all content, including User Content, appearing on the Sites, and BLD reserves the right to edit, remove, or refuse any User Content for any reason in its sole discretion. BLD will have no responsibility to ensure that User Content is appropriate.
If you submit suggestions, proposals, comments or other materials within the Sites, including but not limited to all correspondence and communication with BLD personnel and third party support personnel contracted by the BLD (collectively "Submissions"), you understand and agree that BLD(1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
Your User Content, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) are not confidential. Such information may be accessed, monitored, and used as necessary to provide the Sites and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Sites are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of BLD, including to enforce these Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
BLD may provide links on the Sites to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Sites and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. BLD makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Sites, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of BLD and may collect data or solicit personal information from you. BLD is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by BLD of these linked sites.
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by "opting in" to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our Sites providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on one of our sites.
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Sites in a way that may constitute copyright infringement, you may provide notice of your claim to BLD at the address listed below. For your notice to be effective, it must include the following information:
Please notify us of copyright claims by submitting a support ticket via our support site.
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to BLD submitted via our support site setting forth the following items:
BLD reserves the right to terminate without notice any user's access to the Sites if that user is determined by BLD in its sole discretion, to be a "repeat infringer." In addition, BLD accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You understand that the Sites are constantly evolving. NZXT and/or BLD may require that you accept updates to the Sites, and may automatically update the Sites at any time with or without notifying you. You may need to update third party software from time to time in order to receive the Sites and use NZXT and/or BLD’s software and hardware.
You agree to indemnify, save, and hold BLD, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “BLD Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Sites, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. BLD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BLD, and you agree to cooperate with BLD’s defense of these claims. BLD will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Sites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT BLD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT BLDIS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BLDLIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SITES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If a dispute arises between you and BLD, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and BLD agree to resolve any claim or controversy at law or equity relating to these Terms or the Sites (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
This Agreement and any dispute arising out of or related to it or the Sites shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California in connection with any entrance of an arbitrator’s judgment or decision or any dispute with respect to the arbitration process or procedure or BLD’s exercise of its equitable rights or remedies set forth herein.
Improperly Filed Claims
All claims you bring against BLD must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to these Terms shall be considered improperly filed. Should you file a claim contrary to these Terms, BLD shall be entitled to recover attorneys' fees and costs up to $5,000, provided that BLD has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
BLD may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without BLD’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
BLD may publish additional policies related to specific services or products. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, including any other terms applicable to specific BLD products or services, contain the entire understanding between you and BLD, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Sites.
The failure of BLD to require or enforce strict performance by you of any provision of these Terms of Service or failure to exercise any right under them shall not be construed as a waiver or relinquishment of BLD's right to assert or rely upon any such provision or right in that or any other instance.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by BLD shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of BLD.
We may notify you via postings on the Sites and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States, all notices given by you or required from you under these Terms of Service shall be in writing and addressed to: Terms of Service Department, BLD care of NZXT Inc., 13164 E Temple Ave, City of Industry, CA 91746.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, BLD has the following equitable rights and remedies.
You acknowledge that the rights granted and obligations made under these Terms of Service to BLD are of a unique and irreplaceable nature, the loss of which shall irreparably harm BLD and which cannot be replaced by monetary damages alone. Accordingly, BLD shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Sites, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Sites or any content or other material used or displayed through the Sites and agree to limit your claims to claims for monetary damages (if any).
You and BLD agree that if any portion of these Terms of Service is found to be unenforceable by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such unenforceability, and the remaining Terms shall continue in full force and effect.
No Third Party Beneficiaries
Except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
13164 East Temple Avenue
City of Industry, CA 91746