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TERMS OF USE

Last updated and effective: October 30, 2019

The terms, conditions, policies and notices contained in this document (these “Terms”) apply to the website operated by Lodge Manufacturing Company (“Lodge”), including without limitation all services, products, content, features and functionality available through it (the “Site”). Any reference to “we”, “us”, or “our” in these Terms shall refer to Lodge. Please read these Terms carefully before using the Site.

BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF TENNESSEE LAW AND ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OUR PRIVACY POLICY.

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.

ACKNOWLEDGEMENT
You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

(1)      SITE CONTENT
(a)    Except as otherwise provided by a third party, all content on the Site is © 2019 Lodge and/or its licensors. LODGE CAST IRON, LODGE and other trademarks used on the Site are trademarks of Lodge or our licensors. The Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws (collectively, “Intellectual Property Rights”).

(b)    Neither these Terms nor your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to you. We and our third-party licensors retain all of our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.

(c)    Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permission.

(d)    The Site is available worldwide to anyone with Internet access; provided that certain functionality may not be available to you depending on where you are located. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Site is provided from the United States of America, and all servers that make it available reside in the United States or in the United Kingdom. The laws of other countries may differ regarding the access and use of the Site. We do not make any representations regarding the legality of the Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.

(e)    Certain materials on the Site may be furnished by third parties. Certain products, services, or company designations for companies other than us may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.

(f)    Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.

(2)    ACCOUNTS
(a)    Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You acknowledge that you must be at least eighteen (18) years old to create and maintain an Account on the Site. You may be asked to create a username, a password, and to provide important contact information. If you register for an Account, you agree to: (i) submit truthful and accurate information; and (ii) you will update your information to maintain the accuracy of such information on an ongoing basis. You may delete your Account at any time, for any reason, by emailing us at [email protected]. We may, at our sole discretion, suspend or terminate your Account for any reason, without prior notice.

(b)    Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information, and you agree not to provide any other person with access to the Site through use of your Account login information. You are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You shall never use another user’s Account for any reason without that user’s prior written permission. You may not transfer or assign your Account without first obtaining our express, written permission. YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR THE UNAUTHORIZED USE OF YOUR ACCOUNT.

(3)    JOB OPPORTUNITIES
The Site includes capabilities for you to submit information in order to apply for a job with Lodge. Any job-related information does not represent an offer for a position, and no obligation is assumed or implied on the part of Lodge by receipt or examination of your information or application. To the extent you provide any information, including personal information, you represent and warrant that such information is only your own information, and the use of such information by Lodge will not violate the rights of any third parties or violate any applicable law. You are solely responsible for and hereby warrant that the information you submit is accurate and does not contain any misrepresentations or fraudulent information.

(4)    FORUMS
(a)        There may be forums, bulletin boards, public commentary, product reviews, discussion threads or blogs (the “Forums”) on the Site. These Forums offer an opportunity for communication and information sharing among a variety of participants. The following are guidelines for participation in the Forums, which apply both to content and hyperlinks to external sites posted by Forum contributors:

i.    Any comments, content, messages, text, opinions, suggestions, ideas, materials (including without limitation photographs and graphics) and other submissions (“User Submissions”) that you send to us or otherwise post, upload, submit, display, publish or share (hereinafter “post”) through the Forums are not confidential.
ii.    User Submissions that are abusive, vulgar, racist, slanderous, false, libelous, harassing, misleading, irrelevant, or otherwise objectionable, as Lodge determines in its sole discretion, are prohibited. Any post that calls for unlawful or illegal behavior or might result in harm to others is not allowed.
iii.    User Submissions do not represent the professional advice or opinions of Lodge or its staff. The results of any actions you take based on the advice you find in the Forums are your responsibility alone. You are solely responsible and liable for all activities conducted by you in such Forums and for the content of your User Submissions. You agree that you will not seek to hold Lodge liable for the User Submissions of others.
iv.    Users are solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law.  If you violate these Terms, you may have your access to the Forums suspended or may permanently be banned from using such Forums. In the event that any user has concerns that posted information is objectionable, the user is encouraged to contact Lodge.  
v.    You are not allowed to upload, post or transmit any message, data, code or software that would violate the proprietary rights of Lodge or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, or any trademarks or service marks used in an infringing fashion. You agree that your User Submission(s) will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.   
vi.    You are not allowed to post photos or video of any third party without their express permission. By uploading, transmitting or posting any User Submission on the Site or Forums, you warrant that you have express permission from all persons appearing in the media.  
vii.    You are not allowed to upload, post or transmit any materials, data or media through the Forums that includes your personally identifiable information (“PII”) or the PII of any third party (such as social security numbers, account numbers, addresses, phone numbers, employer references, etc.).  
viii.    You are not allowed to post any advertisements or solicitations of business, chain letters or pyramid schemes, or to post the same posting more than once.

(b)        Enforcement. We have no obligation to monitor any Forums on the Site. However, we reserve the right to review, modify, distribute, remove or delete any User Submissions posted in the Forums, without notice and at our sole discretion. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.  

(c)        Perpetual License. By posting any User Submission, you grant Lodge a perpetual, non-exclusive, worldwide, irrevocable, royalty-free and fully sub-licensable license to use, copy, print, display, reproduce, modify, edit, adapt, translate, publish, post, transmit, create derivative works from, incorporate into other works, and distribute such User Submission, and any ideas, concepts, know-how or techniques contained therein, in its entirety or in part for any purpose in any media, whether now known or hereafter developed without restriction and without notice or compensation to you.  You grant Lodge the right to use your name and likeness in connection with any such use of your User Submission(s), but we are not obligated to identify you in connection with any such use.

(d)        Feedback. We do not seek or accept unsolicited ideas or suggestions relating to the development, design, manufacture or marketing of our products. We also do not solicit or agree to pay for your creative ideas. If you choose to submit feedback, you acknowledge and agree that you do so voluntarily without creating any contract or confidentiality obligations. The content of your User Submission, including but not limited to remarks, suggestions, ideas, graphics or other content, is and shall remain the sole property of Lodge.

(e)        Rights to Provide. You also certify that any person appearing in the User Submission has authorized Lodge to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the User Submission in its entirety or in part. You represent and warrant that you will not provide any User Submission to which you do not have the full right to grant the license specified in this Section. You represent and warrant that we are free to exercise our rights to your User Submission(s) if we so desire, without obtaining permission or license from any third party and without reference to you or any other person. We are not obliged to maintain back-up copies of any material submitted or posted on the Forums. You agree to indemnify Lodge and its employees, affiliates, and directors from any and all claims and losses, including attorneys’ fees, arising from any and all User Submissions you post and for any failure to comply with the Terms.     

(5)    ORDERS

(a)    Product Availability. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available at any particular time. Products included on the Site may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Site. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. In no event will anything contained in these Terms or any area of the Site be construed as a representation or guarantee with respect to any content, services or products. We do not guarantee the accuracy, completeness or usefulness of any descriptions or other content. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made on the Site by any third party, including but not limited to, on the Forums. In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer or to cancel any order, including after it is submitted.
(b)    Order Acceptance. The Site may provide an invitation for you to make us an offer to buy the items described. When you submit an order, it constitutes an offer to us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation email. These automatic order confirmation emails do not constitute our acceptance of the offer, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
(c)    Promotions and Coupons. Without limiting the foregoing, we reserve the right to refuse or cancel any order placed using any coupon, discount or promotion (“Coupon”) that is erroneous in any way and/or was not distributed to you, as evidenced by our records. The coupon or promotion may be subject to additional or different terms (“Coupon Terms”), and the Coupon Terms control over these Terms. If there are no Coupon Terms, these Terms apply, and the Coupon: (a) is valid only at the website identified in the Coupon and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law; and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping or any value added service. We reserve the right to limit, change or cancel any Coupon or associated order, without prior notice, even after you have attempted to redeem the Coupon or placed your associated order.
(d)    Secure Ordering. Prices shown on a product’s information page do not include any credit card or other processing fee, sales tax, or shipping fees, which will be added to your total amount owed at the time of payment processing. Lodge uses Secure Socket Layer (SSL) technology for secure Internet transactions. All of your information is encrypted. To protect your information once it is received by Lodge, firewalls are designed to keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters “https” (rather than “http”) located in the URL address window at the top of your browser will indicate that you are using a secure browser. The Site connects you to a third party site to enable you to pay for your order. Your use of such third-party site is subject to your assent to these Terms herein and any terms or policies provided by the third-party processing feature through the Site. Lodge is not liable for any errors or incomplete payment processing resulting from your use of the third-party payment processing website.
(e)    Shipping. In the event that we are unable, in accordance with standard common courier policies or due to supply shortage for any reason, to effect delivery at the address provided by you within thirty (30) days of shipment, we may elect to cancel your order. With respect to the shipment of products and services sold through the Site, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site.
(f)    Returns. For information on product returns, please see our Lodge Promise.

(6)    USER CONDUCT
By using the Site, you agree that you shall not:

(a)    delete, modify, hack or attempt to change or alter any of the Content on the Site;
(b)    attempt to access accounts, computer systems, or networks connected to any of our servers or to the Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Site;
(c)    use any device, software, or routine intended to damage, overburden, disable or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with administration and operation of the Site or other parties' use of the Site;
(d)    misrepresent your identity, provide false or misleading information, impersonate another, misrepresent your affiliation with a person or entity, or attempt to use another user’s or an administrator’s account;
(e)    use any deep-link, scraping, robot, spider, or other automatic or manual device, program, algorithm or process for the purpose of accessing, copying, monitoring, harvesting or compiling information on the Site for purposes other than for a generally available search engine;
(f)    use any of our or our licensors’ or partners’ names, service marks, logos, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
(g)    use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(h)    transmit or upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar devices, code, software or programs that may damage the operation of another’s device or property;
(i)    manipulate or otherwise display the Site or portions thereof by using framing or similar navigational technology;
(j)    probe, scan, or test the vulnerability of the Site or any network connected thereto;
(k)    use the Site for or in connection with any illegal, unlawful or immoral conduct or purpose, including without limitation to publish, transmit or otherwise disseminate pornographic, sexually explicit or violent content; or
(l)    defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.

(7)    PERMISSIBLE USE
Except as indicated to the contrary elsewhere on the Site, you may view, copy, re-transmit, and print the Content available on the Site subject to the following conditions:

(a)    you may only use the Content for personal, informational, or non-commercial purposes;
(b)    you may not provide, sell, license, or lease the Content for any fee or other consideration;
(c)    you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on the Site appear on all copies;
(d)    you may not modify or alter the Content in any way; and
(e)    you may not use any graphics separately from accompanying text.

You may also link or hyperlink to the Site from any Acceptable Site (as defined below), but only if:

(i)    you do not frame the Site or any portion of the Site;
(ii)    the hyperlink to the Site is not used in a way that suggests that we endorse you or your website;
(iii)    the link to the Site is not used or presented in any way that disparages us or tarnishes, blurs or dilutes the quality of our names or trademarks or any associated goodwill; and
(iv)    the link to the Site is not displayed on any web page that displays objectionable content or links.

An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (A) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (B) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (C) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (D) violates or encourages others to violate any applicable law.

(8)    OTHER SITES; THIRD-PARTY CONTENT
As a convenience to you, the Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (“Linked Site”). All Linked Sites are provided only because they may be of interest to Site users. Information and views contained in Linked Sites are not adopted, sponsored, or endorsed by us.

You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them.  We do not control, author, edit or monitor these Linked Sites, and we are not responsible or liable for (a) the availability of or content provided on the Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by us, or vice-versa; (b) third-party content accessible through the Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Sites; or (d) your dealings with any third parties found on or through the Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through the Site.

(9)    MODIFICATIONS TO TERMS
We may change, modify, add and/or delete all or portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Site immediately.

(10)    TERMINATION/MODIFICATIONS OF SITE
We reserve the right to modify or terminate your access to the Site or portions of the Site, at any time, temporarily or permanently, with or without notice to you, for any reason, and are not obligated to support or update the Site. These Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site or portions of the Site.

(11)    YOUR PRIVACY
We will treat any information it collects or receives from you through the Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is incorporated by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

(12)    COPYRIGHT INFRINGEMENT
In accordance with the US Federal Digital Millennium Copyright Act (“DMCA”), we have designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at [email protected] or through the address at the end of this page. When notifying us of the alleged copyright infringement please provide us with the following information:

(a)    a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b)    identification of the copyrighted work alleged to have been infringed;
(c)    a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
(d)    information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e)    a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(e)    a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.

(13)    TYPOGRAPHICAL ERRORS
Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

(14)    DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.

(15)    LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

(16)    LIMITATION ON ACTIONS
You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

(17)    DISPUTE RESOLUTION
You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, we may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee, or to any federal court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Tennessee.

(18)    GENERAL
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Our failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms of Use and the Privacy Policy as posted from time to time on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter. We may perform any of our obligations or exercise any of its rights under these Terms through one or more of our affiliates or representatives. If our assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent.

(19)    CONTACT INFORMATION

If you have any questions about these Terms, our practices, or your dealings with the Site, please contact us at [email protected]. You may also contact us to update your personal information by notifying us when you change your name or email address.

 

 

 

 


 

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