Terms Of Use

These terms of use constitute a legally binding agreement (the "Terms") between you and Rebuilders Xchange,Inc. and its affiliates ("RBX," "we," "us" or "our") governing your use of our website, mobile applications and other services or content available through the foregoing (collectively, the "Services"). You also agree to and accept our Privacy Policy, which describes how we use the information you provide RBX and is incorporated into these Terms by reference. We may revise these Terms from time to time, and will always post the most current version on our website. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. These Terms govern how claims you and RBX have against each other can be brought and will require you to submit claims you have against RBX to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.

Introduction

RBX is an acquirer, consignor and reseller of used residential, industrial and commercial building materials, offering a convenient option for shopping and selling quality used material and accessories. Please visit our Support Center for additional detailed information on how our Services work. Please note that RBX is an independent reseller and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items, if any, that are listed through our Services.

Account Registration

In order to use our Services, you must register an account with RBX directly or through a third-party service (a "TPS") such as eBay, Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your RBX account. Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and RBX shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Service. If you choose to register for the Service (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. The Services are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Services. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Service; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. RBX reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created under these Terms or your use of the Services.

Consent To Receive Emails

By creating an account, you agree that you may receive communications from RBX, such as newsletters, promotions, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.

Transactions & Pricing

There is no fee to join RBX or minimum monthly commitment. However, in order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, RBX will store and update (e.g. upon expiration) your payment method on file. Our goal at RBX is to provide accurate product and pricing information. The retail price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction and material offered elsewhere in new condition. While we acknowledge that pricing is not an exact science, our experienced team has developed a proprietary algorithm to establish the estimated original retail price. We always strive to provide you with the most accurate price comparison on the items we sell, but we encourage you to do your own comparison shopping as well. Unfortunately, at times pricing or typographical errors may occur. RBX cannot confirm the price of an item until after you order the item. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, RBX reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item. Prices and availability are subject to change without notice. We reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Except as otherwise stated, all prices are quoted in U.S. Dollars. For additional information on transactions and pricing, please visit our Support Center.

Product Descriptions

While we attempt to be as accurate as possible, RBX does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor's display of any color or style will be accurate. If a product offered by RBX is not as described, your sole remedy is to return it in an unused or unmodified condition. For additional information on our products, please visit our Support Center.

Payouts & Consignment

After your Requestto List has been processed, RBX will inform you whether any of your items qualify for listing on our Service and whether such listed items qualify for upfront payout or consignment. Any such determinations, including without limitation: (i) whether an item is accepted or rejected, (ii) whether an accepted item is listed for upfront payout or consignment, (iii) the upfront payout amount offered for an item or (iv) the listing price for a consignment item, will be made in RBX's sole discretion and may be based on a variety of factors including seasonality and the composition of our existing inventory or the condition of the material you are selling. We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Customer Service by email at [email protected] so that we can help you resolve the issue.

Upfront Payouts

Items listed for an upfront payout will become property of RBX and your account will be automatically credited with your payout amount according to our payout estimator. Please note that payout calculations are estimates and may be subject to change from time to time without notice. For the first 14 days, any earned upfront payout can be applied towards purchases from RBXhub.com. Your credits will appear at checkout. After 14 days, you can choose to cash out via PayPal or RBX Visa Prepaid Card. Consignment RBX will set the initial sale price for consigned items in accordance with our payout estimator. Please note that payout calculations are estimates and may be subject to change from time to time without notice. You may log into your account to change the sale price of your consigned item at any time prior to its sale, however the initial payout tier will remain fixed. Once the consigned item is sold, your account will be credited with your consignment payout according to our tiered payout schedule. Unsold items must be re-claimed within 14 days after the listing has expired. Any consigned items which are not reclaimed shall become property of RBX and you will not receive any further payout. For additional information on payouts and consignment, please visit our Support Center.

Return and Refund Policy (US)

Shoppers

You have 14 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose, either in the form of RBX credit or a refund to your original form of payment. If you chose to receive RBX credit, then you will not be responsible for the cost of return shipping. If you chose to receive a refund in your original form of payment, a return shipping fee will be deducted from your refund amount. Original shipping charges will not be credited or refunded when returning items. To qualify for RBX credit or a refund, all items must be in the same condition in which you received them. For information on how to create an order return, please click here. Please note that certain final sale items are non-returnable and will be posted as such. However, we do guarantee the quality and authenticity of items purchased. If you have questions regarding a final sale item that was purchased, please visit our Support Center.

Sellers

RBX works with different organizations, individuals, wholesalers, salvagers, and contractors who deconstruct, resell, and recycle used building material. If you would like your items returned to you, please add Return Assurance to your Clean Out Bag prior to sending it back to us. Unless you opt to add Return Assurance to your Clean Out Bag,RBX will not return any unaccepted items. Special Note on Authenticity RBX prohibits the sale of certain building materialand equipment and complies with all applicable laws pertaining to the use and resale of prohibited items. If RBX cannot verify the acceptability of an item in your Clean Out Bag, it will not be listed regardless of its condition. Please see our Acceptance and Quality Standards for more information.

Donations

RBX may offer you the option to elect to donate all or a portion of the contents of your Clean Out Bag to one of our designated charity partners. By electing to donate, you authorize RBX and/or its affiliates to receive your donation on behalf of the charity partner. At its discretion, RBX and/or its affiliates may elect to purchase all or a portion of the contents of your Clean Out Bag from the charity partner whereupon the proceeds of such transaction will be transferred to the charity partner. For additional information on donations, please visit our Support Center.

Intellectual Property Rights

You acknowledge and agree that the Services may contain images and descriptions of items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by RBX you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of RBX, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by RBX. RBX® is a registered trademark in the U.S. Patent and Trademark Office. These and any other RBX product or service names or slogans displayed through the Services are trademarks of RBX. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of RBX is the service mark, trademark and/or trade dress of RBX and you may not copy, imitate or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RBX and may not be used without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners. RBX respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act. with our Designated Copyright Agent: RBX Inc.Attn: Legal Department 5401 Hamilton Ave., Cleveland, Ohio 44114 Email: [email protected] When submitting a DMCA Notice of Alleged Infringement, please provide us with this information: • A physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the site; • Your address, telephone number, and email address; • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Communications and Other Content

By using the Services, you may submit various forms of media content and written communications as well as suggestions, ideas, comments, questions, or other information (collectively, "Submissions"), so long as the Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RBX reserves the right to remove or edit such Submission, but does not regularly review posted Submissions. You acknowledge and agree that any Submissions provided by you to us are non-confidential and shall become the sole property of RBX. RBX shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RBX for all claims resulting from content you supply. RBX has the right but not the obligation to monitor and edit or remove any activity or content. RBX takes no responsibility and assumes no liability for any content posted by you or any third party. Electronic Communications When you use our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Restricted Activities

With respect to your use of the Services, you agree that you will not: a. impersonate any person or entity; b. stalk, threaten, or otherwise harass any person, or carry any weapons; c. violate any law, statute, rule, permit, ordinance or regulation; d. interfere with or disrupt the Services; e. post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; f. use the Services in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; h. "frame" or "mirror" any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services; j. rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services; k. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; l. link directly or indirectly to any other web sites; m. transfer or sell your account, password and/or identification to any other party; n. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or o. cause any third party to engage in the restricted activities above.

Release and Indemnity

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, you fully release, forever discharge, and hold RBX and or our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless RBX and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with REI, the "RBX Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your use or misuse of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the RBX Parties of any third-party claims, cooperate with the RBX Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including but not limited to attorneys' fees). You further agree that the RBX Parties shall have control of the defense or settlement of any third-party claims.

Limitation of Liability and Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY RBX ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RBX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RBX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. RBX DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, RBX'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RBX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RBX IS NOT RESPONSIBLE FOR ANY LOSSES RELATING TO YOUR CLEAN OUT BAG AND RBX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. RBX'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO RBX FOR THE 6 MONTHS PRECEDING THE SERVICES IN QUESTION. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH LIABILITY BY RBX.

Privacy

We collect, store, and use your personally identifying information only as described in our Privacy Policy, which forms part of and is subject to this Agreement. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services. Dispute Resolution; Binding Arbitration; Class Action Waiver Informal Dispute Resolution In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by going to our Support Center. If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent: 1. to RBX at: RBX Attn: Legal Department, 5401 Hamilton Ave., Cleveland, Ohio 44113, or 2. to you at: your last-used billing address or the billing and/or shipping address in your online profile. You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement

To the extent, you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and RBX expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. You may begin an arbitration proceeding by sending a letter requesting arbitration to RBX: Attn: Legal Counsel, 5401 Hamilton Ave., Cleveland, Ohio 44113. You agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. RBX will reimburse those fees for claims totaling less than $5,000. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. In lieu of arbitration, either you or RBX may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Waiver of Right to Bring Class Actions and Representative Claims All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and RBX agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and RBX hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Termination With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or RBX. You agree that RBX, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time and for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. RBX may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that RBX may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that RBX shall not be liable to you or any third-party for any termination of your access to the Service.

General

These Terms shall be governed by the laws of the State of Ohio without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by RBX, in our sole discretion. Except as explicitly stated otherwise, any notices to RBX shall be given by certified mail, postage prepaid and return receipt requested to RBX Inc., 5401 Hamilton Ave., Cleveland, Ohio 44113. Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to RBX during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. These Terms along with our Privacy Policy and the terms set forth in our Support Center collectively set forth the entire understanding and agreement between you and RBX with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. If you have any questions regarding the Services, please visit our Support Center or contact us.