Terms & Conditions

OpenBorder, Inc. Terms of Sale 

Last updated: February 12, 2023 

Welcome to OpenBorder, Inc. 

We are glad to welcome you on the Scandinavian Biolabs website. 

Any purchases on the website www.scandinavianbiolabs.us (the “Website”) shall be made through the OpenBorder, Inc. Checkout facility, and from, OpenBorder {local entity} (referred to as “OpenBorder, Inc.”, “we”, "our" or "us"). 

By visiting the Checkout, placing an Order (both as defined below) through the Checkout, you signify your agreement to the Terms of Sale and our Privacy Notice (together, “Terms”). If you do not agree to these Terms, please do not use Checkout or place an Order in any way. These Terms define our legal relationship with you regarding the Checkout and the placement of Orders for purchase of Goods (as defined below). 

Please read these Terms before using the Checkout and placing an Order (as defined below) through the Checkout. Please print or save these Terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on the Website in future. 

When we refer to “Consumer” in these Terms, we mean an individual acting for purposes which are wholly outside that individual’s trade, business, craft or profession. 

Residents of the European Union may visit 

https://europa.eu/youreurope/citizens/consumers/index_en.htm for additional information. 

If we posted or provided a translation of the English language version of these Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the services or the Checkout. 

1. General 

1.1. OpenBorder, Inc. has an agreement with Scandinavian Biolabs (the retailer) operating the Website you were browsing for goods, to make the such goods available to you for purchase from, and delivered by, OpenBorder, Inc. ("Goods"). This allows you to buy such Goods from OpenBorder, Inc. in your local currency and at a price that includes any applicable indirect taxes (such as VAT), plus international delivery costs and fees (“Delivery Costs") and, if available for pre-payment, any import duties, tariffs and similar fees that may be imposed by the delivery destination ("Import Charges"). 

1.2. You are advised that the characteristics of the Goods you are buying from OpenBorder, Inc., as well as the price, Delivery Costs and (if available for pre-payment) Import Charges, shall be those displayed to you by OpenBorder, Inc. at the checkout (or similar) facility, operated by OpenBorder, Inc. and residing on Scandinavian Biolabs' Website you were browsing

(“Checkout”). Please make sure you review your checkout page so that you can identify and correct any input errors. 

1.3. By placing an order via the Checkout ("Order"), you acknowledge that the seller is OpenBorder, Inc. and not the retailer, and that upon successful verification by OpenBorder, Inc. of your Order and payment information, OpenBorder, Inc. will buy the goods from such retailer and resell it to you in accordance with these Terms. 

2. Checkout and Acceptance of Orders 

2.1. You place the Order for selected Goods by using the Checkout ordering process. This involves selecting the goods, placing it in the shopping cart/basket and transmitting the order by clicking on the “PAY AND PLACE ORDER” button (or similar button) through the Checkout. This process permits you to check and amend any errors before making an order by using the “back” button. 

2.2. To place an Order, you must be at least 18 years of age (or any age legally required under local law where you are resident to bind yourself legally to these terms). By doing so, you confirm to us that you meet this Requirement. 

2.3. Once you have placed your Order, we will promptly acknowledge your Order by sending you an email which will contain the relevant details of your Order. Please note, this does not constitute OpenBorder’s acceptance of your Order to buy the goods – it only constitutes our acknowledgement of your Order. We do not accept your Order (and therefore we make no commitment to provide you with the Goods), and no contract for the sale of such Goods shall come into effect, until we specifically accept your Order and notify you by email that we have dispatched the goods to you ("Order Confirmation"). 

2.4. If the payment method you selected at Checkout supports an authorization mechanism (e.g. most credit/debit cards), when you place your Order we will only authorize the applicable amounts, and you will be charged only after the goods has been dispatched to you (unless the order is a pre-order or similar order, in which case payment could be captured prior to dispatch, depending on the nature of the products and the payment method used). Please note that we charge the full Order amount even if the Order is dispatched in parts. 

2.5. We make the appropriate efforts to process and fulfill any Order as quickly as possible. However, we may, upon notice to you, decline to accept your Order if: (a) the Goods are unavailable (in which case, if the payment was processed, we will refund you in accordance with these Terms); or (b) we are unable to verify the payment information you provided. 

2.6. We may, if we suspect someone's identity, address, email address and/or payment information is being used fraudulently or in an unauthorized manner, also require additional verifications or information before accepting any Order. OpenBorder may choose not to accept Orders in their sole discretion and notably abnormal orders, orders which we suspect are not placed in good faith or orders which have not been placed by individuals. OpenBorder is not required to provide a reason for declining to accept any order, though may do so at their sole discretion. Moreover, an Order may be canceled (in full or in part)

even after the Order Confirmation was dispatched, if we suspect there could be, or were circumstances (on our part or any third party’s part) giving rise to a good faith, genuine or honest error, mistake or misunderstanding pursuant to which we would neither have sent the Order Confirmation nor agreed to sell the Products. An example could be a fallacious 

low price for a product otherwise costing significantly more. In the event of such a genuine error, you shall receive a properly detailed notice of cancellation, following which your Order will be automatically canceled, and you will be refunded the amounts you actually paid. 

2.7. We are under a legal duty to supply Goods that are in conformity with the contract. Furthermore, nothing in these Terms affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. 

2.8. You are advised that there may be minor differences between the actual Goods and the way that it appears on the relevant website, e.g., in relation to appearance / color / texture / finish / weight. The labeling or packaging of the Goods may differ from the images of these which you see on the site. 

3. Exchange Rate 

Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Goods pricing on the Checkout. You will be charged according to the applicable exchange rate at the time you make your Order via the Checkout as displayed on the Checkout. 

4. Ownership of and Risk on Goods; Importer of Record 

4.1. Ownership of the Goods you order shall pass in accordance with these Terms (where the contract for the sale of Goods is concluded). 

4.2. We pass the ownership of the Goods ordered to you the moment we dispatch the Goods to you (provided you have made full payment of the Goods price plus delivery charges and any other charges payable under these Terms, as applicable). 

4.3. The risk of damage or loss to the Goods passes to you on delivery to you or to somebody identified by you to carry or take possession of the Goods on your behalf. 

4.4. Any damage to the packages and/or the products or any error in the number of packages must be immediately mentioned in writing on the delivery ship provided by the Carrier. Subject to the mandatory provisions of the applicable law, once the delivery note is signed by you, you can no longer make a claim concerning the packages delivered. 

4.5. The transaction is considered a local transaction passed within your jurisdiction between you and OpenBorder. 

4.6. Please note that documentation such as user manuals, instructions and safety warnings may not be in your language; you may not have available manufacturers or other service options for the Goods or parts thereof.

4.7. You agree that you will not export or re-sell any Goods purchased by you via the Checkout. 

5. Fulfillment, Handling and Delivery of Orders 

5.1. You acknowledge and agree that we or one of our third-party fulfillment services providers acting on our behalf, including the retailer (each a "Fulfillment Provider") may manage the delivery and fulfillment of your Order, and that we have sole discretion as to the Fulfillment Provider we chose to use. 

5.2. Not all Goods can be delivered anywhere (due to limitations imposed on the Goods or by the destination). The Checkout will not permit you to submit your Order if the Goods cannot be delivered to your specified address. 

5.3. Delivery will be complete when we deliver in person to the address which you specify when ordering. 

5.4. We may deliver various parts of your order on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given at Checkout (or on the webstore) are estimates only. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances. 

5.5. Delivery timeframes are affected by your delivery address and the delivery method selected. We are unable to specify an exact delivery date and time. 

5.6. We have no liability for any losses arising from the delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. 

5.7. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. After three failed delivery attempts, your package will be sent back to us, and we will proceed to reimbursement within 2 weeks. 

6. Payment Methods 

6.1. You may pay with the payment methods specified at Checkout. The availability of such payment methods is dependent on your geographical location. When being charged, the descriptor you will see shall include OpenBorder and will substantially look like this: OpenBorder * Scandinavian Biolabs. 

6.2. You acknowledge and agree that: (i) we, or one of our third party payment processors ("Payment Processor"), will charge you through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about 

yourself; (iii) we may use the tools, software or services of Payment Processors to process

transactions on our behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not OpenBorder, Inc. charges or fees, and neither do we have control over this nor do we have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and we also have no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and our commitment is to acquire the amount set at Checkout in your local currency. 

Depending on your geography, payment may be routed through OpenBorder, Inc. or any of our local affiliates. 

7. Taxes 

7.1. If OpenBorder is collecting taxes from you on your transaction, it is because OpenBorder is fully registered with the local jurisdiction to calculate, collect and remit taxes. 

7.2 If the goods you are ordering are not available at the local fulfillment center, your order will be re-routed to our cross-border process where you will be given the option to prepay customs charges associated with your goods. 

8. Returns Policy (all customers, excluding faulty goods) 8.1. The Returns Policy applies to all customers. This policy does not apply to faulty Goods. 

8.2. It is in addition to, and does not affect, the separate legal right of cancellation which is available only to EEA Consumers in some circumstances as explained below. 

8.3. the Goods must be returned as expected as Quality Control (QC) standard for Scandinavian Biolabs: - in a new and unused state, no alteration and/or on the goods (raw material) - in perfect condition, with all security tags, stickers and tags attached to them, with the original Scandinavian Biolabs box and delivery package, including all accessories, original authentication certificate and documents. 

All returns will be subject to strict QC by Scandinavian Biolabs to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, the return will be refused, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund. 

8.4. Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost. 

8.5. The Scandinavian Biolabs stores cannot accept returns for orders placed on the Online Store. 

8.6. In order to return Goods, you must request from us a return goods authorization ("RMA", see below for procedure details) within 30 days from order reception by the

customer (a RMA is necessary for customs and shipment purposes). You must ship the return Goods within 14 days upon receipt of the RMA and in strict compliance with the instructions therein. OpenBorder will not accept any return Goods which are not compliant with chapter 8.3. 

8.7. Return Procedure. 

8.7.1. If you wish to return Goods under OpenBorder Returns Policy developed in this chapter, you must first contact OpenBorder through the help center portal available here www.scandinavianbiolabs.us in order to obtain an RMA. 

8.7.2. You will then be contacted within a reasonable time to confirm whether you are entitled to return the Goods. If we decide that you are so entitled, we will provide you with instructions concerning 

8.7.3. return shipment, including an RMA number which you must include in the return package ("RMA Instructions"). Upon receipt of the returned Goods and confirmation that it has been returned in accordance with the applicable requirements, including quality and fraud control, OpenBorder will reimburse you for the actual paid price of the returned Goods. 

8.7.4. If you have paid Import Charges in connection with your Order (either pre-paid at Checkout or paid upon receipt of the Order directly to the applicable authority), you acknowledge that (a) you must seek reimbursement directly from the applicable authority in your destination, (b) it will be your sole responsibility to claim such Import Charges back from the applicable authority in your destination, and (c) OpenBorder cannot guarantee that such claim will be successful. If you have pre-paid Import Charges, upon your written request we may exert appropriate efforts to assist you in obtaining reimbursement of such Import Charges, and for such purpose you hereby give OpenBorder a power of attorney to act in your name to try and obtain such reimbursement (however this power of attorney is not a guarantee that such reimbursement will be successful). If the Import Charges were included in the Product price, those will be refunded as part of the refund due to you, if any. 

8.7.5. Return deliveries must proceed on RMA instructions procedures to guarantee secured return of the product. 

8.7.6. Title and risk to the returned Goods will not be assumed until it physically arrives back to the return's facility. 

9. EEA Consumer Cancellation Rights – for European Economic Area (EEA) only 

9.1. If you are a Consumer and a resident of a member state of the European Union or Iceland, Liechtenstein, or Norway ("EEA"), you have a “cooling-off” right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms.

9.2. The “cooling-off” cancellation period will expire 14 days after the day of delivery. 

9.3. To exercise the right to cancel, you must inform OpenBorder of your decision to cancel your Order by a clear statement made through the help center portal available here www.scandinavianbiolabs.us to meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

9.4. There is NO right to cancel Orders for the supply If: 

• goods made to your specifications, or which are clearly personalized; ● goods are liable to deteriorate or expire rapidly.

9.5. You lose the right to cancel Orders: 

• for the supply of sealed goods which are not suitable for return due to removal of security tag
• If the product is not compliant with Scandinavian Biolabs’ Quality Control detailed in chapter 8.3

9.6. If you do have the right to cancel, the following instructions apply: 

• If you duly cancel, respecting the QC detailed in chapter 8.3, we will reimburse you all payments received from you, including the Delivery Costs.
• We will refund you within 14 days of receipt of your cancellation, but we can delay refunding you if we have not received the Goods and or if we cannot complete all security and fraud controls.
• We will make the reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
• Depending on your geography, when payment was routed through OpenBorder affiliates, a refund shall be made accordingly.

9.7. You shall send back the goods or hand them over to us, as per the instructions provided to you through the help center portal (available here www.scandinavianbiolabs.us) when you make your request. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. 

9.8. Any products returned which are not respecting RMA processes can be rejected by OpenBorder, Inc.. 

10. Limited Warranty; Returns Policy for Faulty Goods 

10.1 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make www.scandinavianbiolabs.us aware of the problem, in accordance with your legal

rights under applicable laws. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform www.scandinavianbiolabs.us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights under applicable law. 

For Products shipped internationally, please note that the warranty may not be valid in the destination being shipped to, or you may have only limited warranty valid in the destination. If the warranty is valid and not limited by your jurisdiction, then the warranty period is as set out in the product description provided. Consumers in some jurisdictions may have legal rights under applicable local legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 2019/771, these rights are not affected by this limited warranty. 

11. Liability 

11.1. Nothing in these Terms shall limit or exclude our liability to you: 

11.1.1. for death or personal injury caused by our negligence. 

11.1.2. for fraudulent misrepresentation. 

11.1.3. for breach of any term implied by applicable consumer rights legislation and which, by law, may not be limited or excluded. 

11.1.4. for any other liability that, by law, may not be limited or excluded. 

11.2. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Order shall not exceed the purchase price of the relevant goods and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us. 

11.3. OpenBorder will not be responsible for any loss or damage incurred by unauthorized use of your payment card on the Checkout, and we are not responsible for notifying your card issuer or any law enforcement authority in these instances. 

11.4. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. 

11.5. We cannot guarantee that the Checkout will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the Checkout for repair, maintenance, improvement or other technical reasons. 

11.6. OpenBorder shall not be held liable, if and in so far as it cannot fulfill its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.

12. Intellectual Property Rights 

12.1. Any access or use of the Checkout for any reason other than your personal, non-commercial use is prohibited. You further acknowledge that any other use of the material and content of this Checkout is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 

12.2. Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by us or our licensors. 

12.3. You may print off one copy and may download extracts of any page from this Checkout for non-commercial, personal use. 

13. Governing Law and Disputes 

13.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States. 

14. Miscellaneous 

14.1. We may send all notices by electronic means such as email to the most recent email address you have supplied to us (unless otherwise stated in these Terms). Any complaint from you must be sent by recorded delivery letter or in writing on any other durable medium to OpenBorder by post at our trading address, or by email at www.scandinavianbiolabs.us 

14.2. Headings used in these Terms are for information and not binding. 

14.3. Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. We may transfer these Terms to a third party, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no right to enforce any term of these Terms except insofar as expressly stated otherwise. 

14.4. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Order, and your use of the Checkout, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of OpenBorder our users or the public. 

14.5. The Checkout may contain links to third party websites or services that are not owned or controlled by OpenBorder. We are not affiliated with, have no control over, and assume

no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release OpenBorder from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit. 

14.6. We will use any personal information that we may collect or obtain in connection with the Order in accordance with our Privacy Policy. You agree that we may use personal information that you provide or make available to us in accordance with our Privacy Notice, and share that with third parties directly involved in the fulfillment of the sale transaction and the performance thereof as provided by the Privacy Notice. 

14.7. OpenBorder reserves the right to modify these Terms at any time by posting the changes on our site. Such a change will take effect ten (10) days following the posting of the revised Terms, and your use of the Checkout after we have posted such changes means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed with us. 

14.8. These Terms constitute the entire agreement between us with respect to the subject matter of the Order. We are required by law to advise you that the contract in respect of any Orders may be officially concluded in the English language only and that no public filing requirements apply. 

14.9. If you have any questions or complaints about OpenBorder, these Terms or the Checkout, please contact us at INSERT WEBSITE or at our registered address 1317 Edgewater Dr. #6010, Orlando, FL 32804. Our company RSIN is 861952790 under the Hague Deed of incorporation. Our VAT number is NL861952790B01. 

14.10. As the purchaser, you represent and warrant that you have legally obtained the funds used to make this purchase and you are not engaged in any transaction designed to conceal the identity, source or destination of the funds with which you make this purchase. INSERT CLIENT NAME HERE products are exclusively intended to be sold to end customers for their personal use. Consequently, you agree and warrant that you do not make this purchase in connection with any dealings or transactions with entities or individuals under UN, US or EU sanctions or in a Blacklisted Country. 

15. Automatic Renewal 

15.1 If you have purchased a subscription, you agree that your subscription will automatically renew at the rate and term provided at checkout. Your default payment method will be automatically charged after the subscription or trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using your online account system or contacting the OB support team support@openborder.com.

15.2 When you register for a subscription to receive products, goods, or services from OB on a continuing basis, you expressly acknowledge and agree that (a) OB (or our third-party payment processor) is authorized to charge you on the frequency of shipments you most recently selected (every two months or otherwise) for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the products, goods, or services in accordance with these terms. You may skip any shipment or cancel your subscription at any time, subject to the terms and supplemental rules. 

15.3 Cancellation policy. In order to cancel your subscription, you must do so at least 48 hours prior to your next billing date which is shown on your account page. Any cancellation received less than 48 hours until the next billing date will not be effective until the following billing period and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription. 

16. Automatic Renewal Of Free Trials 

16.1 If you have purchased a free subscription, you agree that you will receive a free 1 month supply of products and only pay the cost of shipping. 30 days after the date of your free trial order date, you agree that your subscription will automatically be enrolled into a subscription that renews every 2 months for the price of the two-month supply at a subscription discount. Your default payment method will be automatically renewed and charged after the trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using your online account system or contacting the OB support team at support@openborder.com. 

16.2 To the extent legally permitted, we may offer discounted and/or free trials of certain subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration. 

16.3 Once your discounted or free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis at the then applicable price for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your trial. Instructions for canceling your subscription are as described above. Please note that you will not receive a notice from us that your discounted or free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate discounted and/or trials at any time, without notice, and at our sole discretion. 

17. Arbitration and Class Action Waiver

By accessing or using the Service, you agree that the exclusive means of resolving any dispute or claim between you and OpenBorder (including any officer, director, member, manager, employee, independent contractor, agent or representative, or any affiliate of any of these parties (the “OpenBorder Parties”)) arising out of or relating to (i) this Agreement,

(ii) the Service, or (iii) any transaction between us, shall be by binding arbitration. You and OpenBorder Parties further agree that any decision regarding the enforceability or validity of this arbitration provision will be determined by the arbitrator and not by any court. You further agree not to, under any circumstances, bring or maintain any claim against the OpenBorder Parties as part of a class action, class arbitration, or other representative action or proceeding. In agreeing to this, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT INCLUDING YOUR RIGHT TO A JURY TRIAL. YOU ARE ALSO GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR OTHER CLASS PROCEEDING. If you do not agree to this arbitration agreement and class action waiver, you must send a written letter to us at OpenBorder, 1317 Edgewater Dr. #6010, Orlando, FL 32804, USA within ten (10) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights. 

In arbitration, your claims will be heard and determined by a neutral arbiter, not a judge or jury. You are entitled to a fair hearing in front of the arbitrator. Arbitration is usually a more informal streamlined procedure than a court proceeding. An arbitrator can grant the same relief that a court can award. Therefore, decisions by the arbitrator are enforceable in court 

and may be overturned by a court only for very limited reasons. The arbitrator will not have the authority to: (1) consolidate claims brought by more than one person against the OpenBorder Parties; (2) preside over any representative or class action against the OpenBorder Parties; or (3) award damages to a class. Any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. You acknowledge and agree that this class action waiver is material to the agreement to arbitrate disputes. 

This Agreement, and any dispute between you and OpenBorder, shall be governed by the laws of the state of Orlando without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules (“AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules which explain how to begin an arbitration procedure by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the OpenBorder Parties may be commenced only in the federal or state courts located in Orlando. You hereby irrevocably consent to the jurisdiction of these courts and waive any right to a trial by jury. 

18 Changes to Terms of Service 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website

or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.