Terms of use

LOWE’S OPEN BUILDER 3D PRODUCT CATALOG

LICENSE TERMS

This is the license and overall terms and conditions of use for the Lowe’s Open Builder 3D Product Catalog and Site (“License Terms”) between yourself or as an authorized agent on behalf of you (“Licensee” or “you”) and Lowe's Home Centers, LLC (the “Licensor,” “we,” “us” or “our”).

For purposes of these License Terms, the following definitions shall apply:

“3D Product Catalog” shall mean the combination of all the 3D Images available to be downloaded via the Site.

“3D Image(s)” shall mean each individual 3D image available to be downloaded via the Site. For purpose of these License Terms, 3D Image(s) will be included in the definition of 3D Product Catalog.

“Site” shall mean lowesopenbuilder.com, and any other websites or platforms operated by Lowe’s which offers a License to the 3D Product Catalog.

“Metaverse Project” means your production, program, or Metaverse Project in which you upload and/or display all or part of the 3D Product Catalog that you license under these License Terms.

“License” means the limited licensing rights granted under these License Terms.

By downloading or using the 3D Product Catalog you accept the License set forth in these License Terms.

License Terms

Definition: You shall have the non-exclusive, limited, revocable, non-sub licensable right to use the 3D Product Catalog, subject to the terms contained in these License Terms. The license is for personal and non-commercial use.
Term of Use: Your License will be in perpetuity provided you are in compliance with these License Terms.
Territory of Use: Worldwide.
Permissible Media: Any and all media now known or hereafter developed, but intended to be used on Metaverse platforms, and subject to the Unpermitted Uses set forth in Section II(B).
Rights Not Transferable to Third Parties: You may not transfer your License to third parties.
Sharing and Storage Restrictions: We reserve the right to restrict the number of downloads per licensee, in our discretion.

General License Terms Applicable to All Licenses

Permitted Uses. Your License gives you rights to use the 3D Product Catalog in your Metaverse Project, in accordance with these Terms. You can edit the 3D Images, provided that any such edit (i) shall not alter the fundamental character of the portion of the 3D Images being used, and (ii) shall not give rise to any ownership rights or claims, including copyright, on your part in or to the resultant edited 3D Images.
Unpermitted Uses. You may not use the 3D Product Catalog therefrom for the following purposes:

You may not claim ownership or authorship thereof.
You may not use the 3D Product Catalog to compete with us or any of our affiliates in any manner in our sole discretion.
You may not make the 3D Product Catalog or Metaverse Project available in a way that is intended to allow or invite a third party to download, extract, redistribute or access the 3D Product Catalog as a stand-alone file or on a stand-alone basis.
You may not license, sell, gift, lend or otherwise distribute copies of the 3D Product Catalog to third parties, other than as part of your Metaverse Project.
You may not make a stand-alone use of the 3D Product Catalog, it is only to be used in your Metaverse Project.
You may not use the 3D Product Catalog to manufacture, distribute, advertise, commercialize, promote or sell any product in any format or media now known or hereafter devised.
You may not use the 3D Product Catalog for any unlawful purpose, or in violation of applicable regulations or industry codes, including without limitation in violation of any export laws, restrictions or regulations, by shipping, transferring or exporting 3D Product Catalog into any country in violation of any export laws, restrictions or regulation.
You may not use the 3D Product Catalog in connection with other content that: is pornographic, defamatory, libelous, obscene, immoral, illegal, promotes hate or that otherwise violates any right(s) of any third party(ies).
You may not attribute a false representation of authorship in the 3D Product Catalog.
You may not use the 3D Product Catalog as a trademark or service mark. You shall not be entitled to register (in any jurisdiction) such 3D Product Catalog (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the 3D Product Catalog or any similar content (including by us, our customers, or the copyright owner of such 3D Product Catalog).
You may not make derivative works of the 3D Product Catalog, other than as set forth herein.
You may not use any 3D Product Catalog in connection with an immutable digital asset intended for sale or other distribution (such as a non-fungible token).

Transferability of Licensed 3D Product Catalog. The rights granted to you hereunder are non-transferable and non-sublicensable except in the following situations:

Employer/Client. If you are downloading on behalf of your employer or client, then your employer or client can use the 3D Product Catalog. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of these License Terms. If you do not have that authority, then your employer or client may not use the 3D Product Catalog without obtaining their own License. The rights purchased may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of download.
Subcontractors. You may allow subcontractors or distributors to use 3D Product Catalog in any production or distribution process related to your final Metaverse Project or end use. These subcontractors and distributors must agree to be bound by these License Terms and may not use the 3D Product Catalog for any other purpose.

Monitoring. We reserve the right to monitor downloads and user activity to ensure compliance with these License Terms. If we determine that you are in breach of these License Terms in any way, we may suspend access to the 3D Product Catalog and seek further legal or equitable remedies.
Ownership Rights, Attribution and Responsibilities.

Ownership. The 3D Product Catalog, both before and after it is licensed to you, is owned by Lowe’s. Any and all rights not expressly granted to you in these License Terms are expressly reserved by us.
Use of IP Rights. Without our express written approval, you may not use Lowe’s or any Lowe’s affiliate name, or any Lowe’s or any Lowe’s affiliate intellectual property or other proprietary rights (collectively “IP Rights”), or the name or IP Rights, other than as necessary to give attribution/credit as to the source of the 3D Product Catalog.

Term and Termination.

Term. The Term of your License is as set forth herein.
Termination/Cancellation/Withdrawal.

Termination by Us. We may terminate your License at any time if you breach any of these License Terms.

In the event we terminate a License, you must immediately cease using the 3D Product Catalog (and any 3D Images relating thereto), as well as take down, destroy and delete all copies of the 3D Image(s) and 3D Product Catalog in your possession or in possession of subcontractors, distributors or third parties.
Upon request, you must confirm in writing that you have complied with these requirements.

3D Product Catalog or Related 3D Images Removed from Site. From time to time, the 3D Product Catalog or 3D Images therefrom may be discontinued and may no longer be available in the 3D Product Catalog for any number of reasons.

THE 3D PRODUCT CATALOG IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Indemnification/Limitation of Liability.

Your Indemnification of Us. You agree to defend, indemnify and hold harmless us, our parent, subsidiaries, affiliates, advertising agencies or content suppliers, and each of their respective officers, directors and employees from any and all Losses arising out of, or in connection with, (i) your use of the 3D Product Catalog outside the scope of these License Terms; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of these License Terms; and (iii) for any modifications you make to any 3D Image or the 3D Product Catalog, even if permitted under these License Terms.
Requirements. We shall promptly notify you in writing of any claim for which we are seeking indemnification, and you shall have the right to assume the handling, settlement or defense of any claim or litigation to which indemnification applies, provided we shall have the right to participate in our defense at our own expense.
Limitation of Liability. LOWE’S WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THESE TERMS OR ANY LICENSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY. IN NO EVENT SHALL OUR LIABILITY FOR A CLAIM ARISING OUT OF THESE TERMS, LICENSE, THE 3D PRODUCT CATALOG OR ANY OTHER CAUSE HEREUNDER, WHETHER UNDER ANY THEORY OF LAW, INCLUDING CONTRACT OR TORT, EXCEED THE FEE PAID FOR THAT LICENSE.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.

Miscellaneous Terms.

Assignment. These License Terms are personal to you and are not assignable by you without our prior written consent. We may assign these License Terms, without notice or consent, to any corporate affiliate or to any successor in interest.
Audit. We may audit your use of the 3D Product Catalog upon reasonable advance written notice to you to confirm compliance with the terms of your License. Upon reasonable written request, you agree to provide us with samples of, or access to, websites or platforms where use of the 3D Product Catalog is being made by you. In addition, upon reasonable notice, we may through our own employees or through a third party, audit your records directly related to the 3D Product Catalog in order to verify compliance with these License Terms.
Electronic storage. You agree to retain the copyright symbol, our name, the identification number and any other information or metadata that may be embedded in the electronic file containing the 3D Images in the original 3D Product Catalog, and to maintain appropriate security to protect the 3D Product Catalog from unauthorized use by third parties. You may make one (1) copy of the 3D Product Catalog for back-up purposes.

GENERAL TERMS AND CONDITIONS

Use of the 3D Product Catalog. We may, in our sole and absolute discretion, terminate, suspend or otherwise deny your access to all or part of the 3D Product Catalog at any time, for any or no reason at all, with or without notice to you. If we terminate your right to access the 3D Product Catalog, these License Terms will terminate and all rights you have to access the 3D Product Catalog will immediately terminate. Certain provisions of these License Terms will still apply after termination of such rights, including, without limitation, and as applicable, the Disputes/Binding Individual Arbitration provision.
As a condition of your use of the 3D Product Catalog, you represent and warrant to us that you will not use the 3D Product Catalog for any purpose that is unlawful or prohibited by these License Terms or our policies as posted on the 3D Product Catalog or as given to you in writing.
You may not use the 3D Product Catalog in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the 3D Product Catalog. You may not attempt to gain unauthorized access to the 3D Product Catalog, computer systems or networks connected to any of our servers or to the 3D Product Catalog, through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the 3D Product Catalog. You may not use the 3D Product Catalog in a way that infringes rights of any third parties, including willfully harming a person or entity, including us, or any of our affiliates. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the 3D Product Catalog. THE COPYING OR REPRODUCTION OF THE 3D PRODUCT CATALOG SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
We may at any time (i) modify or discontinue any part of the 3D Product Catalog; or (ii) modify or introduce different opportunities to some or all the 3D Product Catalog users.
3D Product Catalog Intellectual Property. The 3D Product Catalog is owned and operated by us and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, artwork and other graphic materials, and names, logos, trademarks and service marks) that are derived in whole or in part from materials supplied by us/or one of our affiliates and are protected by copyright, trademark and other intellectual property laws. All intellectual property rights subsisting in the 3D Product Catalog, including all software, data, and content subsisting in or used in connection with the 3D Product Catalog, and access to content and hardware used in connection with the 3D Product Catalog (collectively defined as “Property”), belong to us/or one of our affiliates and you shall have the right to use any of our Property without an express License.
Links to Third-Party Sites. We may include links to third-party websites that let you leave the 3D Product Catalog. These linked sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us. Your use of the third-party website may be subject to that third party’s terms and conditions. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
3D Product Catalog Disclaimers of Warranties and Limitations of Liability. No warranty is given about the quality, functionality, availability or performance of the 3D Product Catalog. Except where prohibited by law, the 3D Product Catalog is provided “AS IS” and “AS AVAILABLE” with all faults. OTHER THAN AS REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE 3D PRODUCT CATALOG, (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR PRODUCT CATALOG, UNLESS OTHERWISE SPECIFIED IN WRITING. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT (I) THE INFORMATION AVAILABLE ON THE SITE AND/OR 3D PRODUCT CATALOG IS FREE OF ERRORS; (II) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITE AND/OR 3D PRODUCT CATALOG OR THE SERVERS THAT MAKE THE SITE AND/OR 3D PRODUCT CATALOG AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR 3D PRODUCT CATALOG IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In addition to the limitations of liability of these Terms and Conditions, We expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service in connection with the Site and/or 3D Product Catalog. WE EXCLUDE, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF USING, ACCESSING, OR PURCHASING SERVICES AND/OR PRODUCTS FROM THE SITE AND/OR 3D PRODUCT CATALOG. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OUR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
As a condition of the use of the 3D Product Catalog, you agree to defend, indemnify and hold us harmless from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions, or other unauthorized use of the 3D Product Catalog, as set forth herein.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY/INDEMNIFICATION” LANGUAGE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO UNCONDITIONALLY RELEASE AND DISCHARGE US FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY INCLUDING, BUT NOT LIMITED TO FOR PERSONAL INJURY, PROPERTY DAMAGE, DEATH, TEMPORARY OR PERMANENT DISABILITY, LOSS OF SERVICES, LOSS OF CONSORTIUM OR LOSS OF PRIVACY.
Governing Law and Jurisdiction. You agree that these License Terms and your use of the Site and/or 3D Product Catalog will be governed by the laws of the state of North Carolina. By using the Site and/or 3D Product Catalog, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Charlotte, North Carolina, in all disputes (i) arising out of, relating to or concerning these License Terms, the Site and/or 3D Product Catalog and your use thereof; (ii) in which the Site and/or 3D Product Catalog and/or these License Terms is an issue or a material fact; or (iii) in which the Site and/or 3D Product Catalog or these License Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. 
Disputes/Binding Individual Arbitration.

Your use of the Site and/or 3D Product Catalog is unauthorized in any jurisdiction that does not give full effect to all provisions of the License Terms, and you agree not to access the 3D Product Catalog in any jurisdiction where all or any portion of the Site and/or 3D Product Catalog violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of these License Terms is at your own risk. 
Lowe’s and You each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and Lowe’s each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and Lowe’s will engage in the following informal dispute resolution process:

You must first present any claim or dispute to Lowe’s by contacting the customer care center to allow Lowe’s the opportunity to resolve any dispute. To initiate informal dispute resolution, You must provide Lowe’s your full name and contact information; a description of your claim; information about the specific purchase, or matter at issue; your counsel’s name and contact information, if applicable; and a description of the relief sought.
You and Lowe’s will personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this provision. If either You or Lowe’s is represented by counsel, that counsel may, but is not required to, participate in the informal dispute resolution conference.
Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us.
Any statute of limitations will be tolled while You and Lowe’s engage in the informal dispute resolution process described in this section.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE AND/OR 3D PRODUCT CATALOG OR THESE LICENSE TERMS. 
LOWE’S AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THESE LICENSE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, LOWE’S AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNDERSTAND THAT BY THESE LICENSE TERMS YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND RESOLVED IN COURT BY A JURY. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE AND/OR THE 3D PRODUCT CATALOG OR THESE LICENSE TERMS. 
LOWE’S AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THE SITE, THE 3D PRODUCT CATALOG AND/OR THESE LICENSE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, LOWE’S AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNDERSTAND THAT BY THESE LICENSE TERMS YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND RESOLVED IN COURT BY A JURY.

Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.

Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site and/or 3D Product Catalog, you agree to give up your right to a trial in court except for certain small claims as described below. 
You agree that this arbitration section shall survive termination of these License Terms. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site and/or the 3D Product Catalog. Any dispute or claim made by you against Lowe’s or against any of Lowe’s subsidiary, parent or affiliated companies arising out of or related to your use of the Site, and/or the 3D Product Catalog whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that either party may elect to have such claims heard in small claims court if they qualify for hearing by such court. 
You must first present any claim or dispute to Lowe’s by contacting the customer care center to allow Lowe’s the opportunity to resolve any dispute, as outlined more fully above. Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by these License Terms, and there will be NO JURY TRIAL. Any arbitration demand must be signed by the claimant and must include a description of the claim; information about the specific purchase, transaction or matter at issue; and a description of relief sought.
You and Lowe’s agree that these License Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Charlotte, North Carolina, and will be conducted in the English language.  An arbitrator may not (i) award relief in excess of or contrary to what these License Terms provides; (ii) order consolidation or arbitration on a class-wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that (a) the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute, and (b) in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules. 
Any arbitration shall be confidential, and neither you nor Lowe’s may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in, and specifically enforced in, any court having proper jurisdiction. 
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect. 
Claimant will be required to pay any applicable filing fees. All administrative fees and expenses of arbitration will be divided equally between you and Lowe’s. Unless an applicable statute expressly permits awarding attorneys’ fees to the prevailing party, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.  However, as noted above, in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law.

Severability. If any clause within this section (other than the class action waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire section will be unenforceable, and the dispute will be decided by a court and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This section survives any termination of these License Terms or the provision of the Site and/or 3D Product Catalog to you.
General Legal. These License Terms inure to the benefit of the parties, including any of our successors in interest. These License Terms constitute the entire License Terms between you and us and supersede any prior License Terms between you and us on the subject matter, except as provided herein. These License Terms, and any rights or Licenses granted hereunder, may not be assigned or delegated by you. These License Terms may only be modified in a writing signed by our authorized representative. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control. Should we fail to insist that you perform any obligations under these License Terms, or if we do not enforce our rights against you, or if we delay in doing so, it will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you. You agree that, except as otherwise set forth here, there shall be no third-party beneficiaries to these License Terms. No agency, partnership, joint-venture or employee-employer relationship is intended or created by these License Terms. You agree that these License Terms made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these License Terms are for convenience only and have no legal or contractual effect. Any provision of these License Terms that by its nature is reasonably intended to survive beyond termination of these License Terms shall survive. If any clause within these License Terms is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect.

Effective as of: June, 2022