Terms of Use
The Durable Blast Parts App located within the App Store or Google Play is a copyrighted work belonging to Durable Blast Parts, LLC. Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted on our Website, www.durableblastparts.com, in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that oversee your use of the App. BY LOGGING INTO THE APP, YOU ARE BEING COMPLIANT WITH THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE APP. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE APP.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Accounts
Account Creation. For you to use the App, you have to start an account and provide information about yourself and your company. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Subscription at any time by contacting Durable Blast Parts at the address below. Durable Blast Parts may suspend or terminate your Account in accordance with Section.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify Durable Blast Parts of any unauthorized use, or suspected unauthorized use of your Account. Durable Blast Parts cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Access to the App
Subject to these Terms. Durable Blast Parts grants you a non-transferable, non-exclusive, revocable, limited license to access the App solely for your own use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) you shall not access the App in order to build a similar or competitive App; and (d) except as expressly stated herein, no part of the App’s User Interface may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to the functionality of the App shall be subject to these Terms.
Durable Blast Parts reserves the right to change, suspend, or cease the App with or without notice to you. You approved that Durable Blast Parts will not be held liable to you or any third-party for any change, interruption, or termination of the App or any part.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and its content, are owned by Durable Blast Parts or Durable Blast Parts ‘s suppliers. Note that these Terms and access to the App do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Durable Blast Parts and its suppliers reserve all rights not granted in these Terms.
Subscription Duration/ Renewals and Cancellations/ Refunds
Duration. The duration of your App subscription is one year (365 days) from the original date of subscribing.
Renewals. Renewal of your App subscription is automatic. Durable Blast Parts will send an email, to the email address associated with the Account, 90 days prior to your renewal date informing you of the impending renewal.
Cancellation. If you do not want your subscription to auto-renew you must contact Durable Blast Parts, in writing (address contained below), 60 days in advance of the renewal date, informing us that you are canceling your subscription. The payment method used to originally purchase the subscription will be used again. If that payment method is no longer valid, Durable Blast Parts will contact you for an alternative form of payment.
Refunds. The Durable Blast Parts App subscription is not refundable.
User Data
User Data. “User Data” means any and all information and content that a user submits to the App. You are exclusively responsible for your User Data. You bear all risks associated with use of your User Data. You hereby certify that your User Data does not violate our Acceptable Use Policy. Durable Blast Parts is not obliged to backup any User Data that you enter into the App. You are solely responsible for converting App Report links to PDF for permanent storage. By using the App, you hereby grant Durable Blast Parts permission to use your data to recommend products and services to you or your company.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the App to collect, upload, transmit, display, or distribute any content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the App any software intended to damage or alter a computer system or data; (ii) attempt to gain unauthorized access to the App, whether through password mining or any other means; (iii) harass or interfere with any other user’s use and enjoyment of the App; or (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to the App.
We reserve the right to review any User Data and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Data, terminating your Subscription in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Durable Blast Parts with any feedback or suggestions regarding the App, you hereby assign to Durable Blast Parts all rights in such Feedback and agree that Durable Blast Parts shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Durable Blast Parts will treat any Feedback you provide to Durable Blast Parts as non-confidential and non-proprietary.
You agree to indemnify and hold Durable Blast Parts and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the App, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Data. Durable Blast Parts reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Durable Blast Parts. Durable Blast Parts will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Other Users. Each App user is solely responsible for any and all of its own User Data. Because we do not control User Data, you acknowledge and agree that we are not responsible for any User Data, whether provided by you or by others.
You hereby release and forever discharge the Durable Blast Parts and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the App. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Limitation on Liability
To the maximum extent permitted by law, in no event shall Durable Blast Parts be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the App even if Durable Blast Parts has been advised of the possibility of such damages. Access to and use of the App is at your own discretion and risk, and you will be solely responsible for any damages or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the App. We may suspend or terminate your rights to use the App at any time for any reason at our sole discretion, including for any use of the App in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the App will terminate immediately. You understand that any termination of your Account may involve deletion of your User Data associated with your Account from our live databases. Durable Blast Parts will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy
Durable Blast Parts respects the intellectual property of others and asks that users of our App do the same. In connection with our App, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online App who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our App, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website (www.durableblastparts.com). You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our App. Continued use of our App following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Durable Blast Parts and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Durable Blast Parts that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Durable Blast Parts, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to Durable Blast Parts should be sent to:
Durable Blast Parts LLC
7265 Reinhard College Parkway
P.O. Box 820
Waleska, GA 30183
After the Notice is received, you and Durable Blast Parts may attempt to resolve the claim or dispute informally. If you and Durable Blast Parts do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Durable Blast Parts made to you prior to the initiation of arbitration, the Durable Blast Parts will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Durable Blast Parts pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Durable Blast Parts, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Durable Blast Parts.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Durable Blast Parts in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DURABLE BLAST PARTS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Durable Blast Parts.
Small Claims Court. Nonetheless the foregoing, either you or Durable Blast Parts may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cherokee County, Georgia, for such purposes.
The App may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Durable Blast Parts, or any products utilizing such data, in violation of the United States export laws or regulations.
Durable Blast Parts is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Durable Blast Parts use electronic means, whether you use the App or send us emails, or whether Durable Blast Parts posts notices on their Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Durable Blast Parts in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Durable Blast Parts provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hardcopy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is 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. Your relationship to Durable Blast Parts is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Durable Blast Parts ’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Durable Blast Parts may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright Durable Blast Parts, LLC, 2020 ©. All rights reserved. All trademarks, logos and service marks displayed on the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Address: Durable Blast Parts LLC
7265 Reinhardt College Parkway
PO Box 820
Waleska GA 30183
Email: info@durableblastparts.com