GENERAL CONDITIONS OF USE
Welcome to OrePac.com, where Oregon Holding Company, Inc. (doing business as Oregon Building Products) and its affiliates (collectively, “OrePac”) provide website features and other products and services to you when you visit or shop at OrePac.com.
Please read these Terms and Conditions carefully before shopping for or pricing any item or service through OrePac.com, ordering or purchasing any product or service through OrePac.com, or otherwise using OrePac.com in any manner (collectively, the “Services”). By using OrePac.com or any of the Services offered by or available through OrePac.com, you agree to these Terms and Conditions. Each time that you visit this website, these Terms and Conditions apply. That is why we urge you to review them carefully. In addition, please be aware that additional terms and conditions may apply to any order or purchase made through OrePac.com.
When you use OrePac.com or any of the Services offered through the website, you may be communicating with OrePac electronically. For your part, you consent to receive communications from us electronically, such as e-mails, texts, status and other updates, news, and notices. You also agree that all agreements, notices, disclosures, confirmations, cancellations and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT & TRADEMARK
All content published on OrePac.com (digital downloads, images, text, graphics, logos, audio clips, digital clips, etc.) is the property of OrePac or the content creator (if other than OrePac) and protected by United States and international copyright laws and United States and international trademark laws. The compilation of all content included on or made available through OrePac.com is the exclusive property of OrePac and protected by United States and international copyright laws and United States and international trademark laws. OrePac’s trademarks and trade dress on OrePac.com—including, without limitation, graphics, logos, icons, images, scripts, and service names included on or made available through the website—may not be used in connection with any product or service that is not OrePac’s, in any manner that is likely to cause confusion among customers or the public, or in any manner that disparages or discredits OrePac.
LICENSE & ACCESS
Subject to your compliance with these Terms and Conditions, and your payment of any and all applicable fees, OrePac grants you a limited, non-exclusive, non-transferable, and not sub‑licensable license to access and make use of OrePac.com and the Services. This license does not include: any resale or commercial use of any of the Services offered through OrePac.com; any resale or commercial use of the contents of OrePac.com; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of information or Services made available through OrePac.com for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by OrePac or its licensors, suppliers, publishers, or other content providers. None of the information made available through OrePac.com may be reproduced, duplicated, copied, sold, or resold without express written consent of OrePac. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OrePac without express written consent. You may not use any meta tags or any other “hidden text” utilizing OrePac’s name, trademarks, or trade dress without the express written consent of OrePac. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by OrePac terminate immediately upon your violation of these Terms and Conditions.
You may need your own OrePac account to use the Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. OrePac reserves the right to refuse service, terminate accounts, terminate your rights to use the Services, remove or edit content, or cancel orders or purchases in its sole discretion.
RISK OF LOSS
All purchases of physical items from OrePac.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
OrePac attempts to be as accurate as possible. However, OrePac does not warrant that any product or service description on OrePac.com is accurate, complete, reliable, current, or error-free. If a product or service offered through OrePac.com is not as described, your sole remedy is to return it in unused condition.
You must comply with all United States or other export and re-export restrictions that may apply to any goods purchased via OrePac.com.
At our discretion, OrePac may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). OrePac does not assume any responsibility or liability for the actions, product, or content of these third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Services and all information, content, and products made available through OrePac.com are provided by OrePac on an “as is” and “as available” basis, unless otherwise specified in writing. OrePac makes no representations or warranties of any kind, express or implied, as to the operation of the Services or OrePac.com, or as to the information, content, or other services provided through OrePac.com, unless otherwise specified in writing. By using OrePac.com, you agree that your use of OrePac.com and/or the Services is at your sole risk.
To the full extent permitted by law, OrePac disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. OrePac does not warrant that the Services or the information, content, or materials made available through OrePac.com, or communications made through OrePac.com, are free of viruses or other harmful components. To the full extent permitted by law, OrePac disclaims liability and will not be liable for any damages of any kind arising from the use of any of the Services or the use of OrePac.com generally, including, but not limited to, direct, indirect, incidental, consequential, and punitive damages, unless otherwise specified in writing.
APPLICABLE LAW & VENUE
By using the Services or OrePac.com, you agree that any dispute related in any way to your use of the website or the Services will be governed by the law of the State of Oregon, without regard to its conflict of laws principles. Furthermore, you agree that these Terms and Conditions will be governed by, and interpreted and construed in accordance with, the laws of the State of Oregon, without regard to its conflict of laws principles. Venue for any dispute that is related to your use of the Services or OrePac.com, or these Terms and Conditions, shall be in a federal or state court of competent jurisdiction located within Multnomah County, Oregon or Washington County, Oregon. By using the Services or OrePac.com, you consent to the jurisdiction of these courts and waive any objection on the basis of lack of personal jurisdiction or forum non conveniens.
ENTIRE AGREEMENT; MODIFICATION OF TERMS AND CONDITIONS
These Terms and Conditions constitute the entire agreement between you and OrePac relating to the Services or your use of OrePac.com, superseding any and all prior agreements and understandings, whether written or oral, relating to the subject matter addressed in these Terms and Conditions. These Terms and Conditions may be amended only by OrePac and only in writing (including by posting revised Terms and Conditions on OrePac.com). OrePac reserves the right to make written changes to OrePac.com and these Terms and Conditions at any time, in its sole discretion. If any provision in these Terms and Conditions (or any portion of any provision) is deemed by a court of competent jurisdiction to be invalid, void, or for any reason unenforceable, that provision (or portion thereof) shall be deemed severable and shall not affect the validity and enforceability of any other provision or language of these Terms and Conditions.
NO IMPLIED WAIVER
The waiver of any breach of any provision of these Terms and Conditions shall not operate or be deemed as a waiver of any other provision of these Terms and Conditions, nor excuse any subsequent breach of the same provision.