SECTION 21.4 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 21.4 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
No mask or respirator is capable of 100% protection against all dangerous substances. In particular, COVID-19 is a new virus that is not yet fully understood. castle grade makes no guarantees or assurances that these masks will be safe or effective in preventing or eliminating the potential for the spread of COVID-19 and we expressly disclaim any liability of any nature if anyone making use of our products contracts COVID-19 or any other virus or medical condition.
By purchasing a castle grade mask, you acknowledge and understand that it is your responsibility to conduct all appropriate evaluations and assessments to determine the suitability of these masks for the particular purpose or use, and the specific environment in which you intend to use these masks. castle grade assumes no responsibility or liability whatsoever for the use of these masks for purposes for which they have not been approved or certified, nor does it assume any responsibility or liability in connection with the improper use of the masks.
Please ensure you always read and follow labels, warnings and directions before using a mask, including, without limitation, cleaning instructions, suggested timelines for disposal and filter change, etc. Content on this site is for reference purposes only and is not intended to substitute for advice given by a licensed health-care professional.
Nothing on this website should be taken to constitute professional advice or a formal recommendation and TO THE EXTENT PERMITTED BY APPLICABLE LAW we exclude all representations and warranties relating to the use of our products. In no event will CASTLE GRADE be liable for any incidental, indirectly, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from the infection of COVID-19 or any other offending substance, arising out of or in connection with the use of our products.
Castle Grade Masks are final sale, non-refundable and are not able to be returned or exchanged except as required by law.
- REGISTRATION. You may simply browse the Site, or you may register with CASTLE GRADE and create an “Account”. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
- Order Acceptance. When you place an Order, we will confirm your address by sending an email to the email address you have provided, sending an SMS to the mobile device number you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order will be deemed accepted by CASTLE GRADE upon our shipment of the Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when CASTLE GRADE provides the Product(s) to a common carrier. Any estimated shipping date provided by CASTLE GRADE is based on Product availability and payment processing time, and does not include transit time.
- Order Cancellation by CASTLE GRADE. If any Product is discontinued or otherwise becomes unavailable, CASTLE GRADE reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
- NO REFUNDS, RETURNS OR EXCHANGES. EXCEPT IN OUR SOLE DISCRETION FOR DEMONSTRABLY DEFECTIVE PRODUCTS UNUSED IN ORIGINAL PACKAGING WE DO NOT ACCEPT ANY EXCHANGES OR RETURNS FOR ANY REFUND. For safety purposes, once the product has shipped, we consider the respirator mask unfit for use by another customer. Thank you for understanding.
- Restrictions on Resale. To protect the intellectual property rights of CASTLE GRADE and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. CASTLE GRADE reserves the right to decline any order that we deem to possess characteristics of reselling. CASTLE GRADE actively protects its intellectual property rights and will not hesitate to do so upon learning of any unauthorized resale of its Products.
- Sales Intended for U.S. and U.S. Territories Only. Castle Grade controls and operates the Site from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote Castle Grade products that are sold by Castle Grade in the United States and its territories, and Castle Grade makes no representation that materials in this Site or the Products are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Site and purchase of the Products.
- FEES AND PURCHASE TERMS.
- Payment. To pay for an Order, you will need to provide CASTLE GRADE with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site, including but not limited to through Affirm, PayPal, Google Pay or Amazon Pay (each, a “Payment Provider”). By submitting your payment information, you are making payment for your Order and authorize us to charge the applicable Payment Provider at our convenience but within thirty (30) days of credit card authorization. You represent and warrant that you will not use any Payment Provider unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so under your supervision); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
- Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes cannot be purchased. Promo Codes may only be used once per person. Only Promo Codes sent to you through official CASTLE GRADE communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
- Subscription Services. SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD. CASTLE GRADE will automatically renew your subscription on each monthly anniversary date of the subscription (or bi-monthly, third month anniversary date, or other period depending on the subscription selections you make) and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your subscription during the sign-up process, we will charge your payment method with the applicable subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments.
- Canellation of Subscription Services. You may cancel your subscription at any time by logging on to your account page on the Site. To cancel a subscription, please log in to your account on the Site and follow instructions for cancellation. CASTLE GRADE requires a reasonable amount of time to process your subscription cancellation request. Cancellation requests must be received at least three full calendar days prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month or other subscription period. If you have any problems, please email [email@example.com]. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid and received Products. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any Products shipped in respect of a subscription prior to valid cancellation.
- PRICING AND PRODUCTS.
We make reasonable efforts to display our Products and their colors as accurately as possible. However, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change prior to submission of an Order. We cannot confirm the price of an item until prior to you paying for the Order. Despite our best efforts, a small number of the items on our Site may be mispriced. To the extent permitted by applicable law, we are not responsible for typographical errors regarding price or any other matter and reserve the right to correct any such errors at any time. All prices do not include shipping and handling, GST, VAT, sales taxes, or any customers charges or duties (including brokerage fees) which, if applicable, will be added to your total purchase price prior to you paying for the Order. You are responsible for the payment of any shipping and handling charges, state, GST, VAT, provincial and local sales or use taxes, and customs charges or duties (including brokerage fees) that may apply to your Order.
- Third-Party Materials. As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for CASTLE GRADE to monitor such materials and that you access these materials at your own risk.
- RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you represent and warrant that you will not post any Content in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the applicable privacy, publicity, or other rights of third parties or any other applicable law, statute, ordinance or regulation;
- Is false or inaccurate or becomes false or inaccurate at any time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any way;
- Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity; or
- Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
However, when you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make available on the Site (“Your Content”), you grant CASTLE GRADE a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not CASTLE GRADE, are responsible for all of Your Content on the Site.
- General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit the Products or any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
- Conduct or promote any illegal activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use the Site or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
- FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the Product or Service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
- DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CASTLE GRADE “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CASTLE GRADE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR COLLATERAL, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, SERVICES AND PRODUCTS IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE CONSUMER RIGHTS YOU MAY HAVE, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES OR USE OF THE PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO YOUR NON-EXCLUDABLE CONSUMER RIGHTS BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, THE SERVICES OR THE PRODUCTS IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF THE PRODUCT ORDER(S) GIVING RISE TO OUR LIABILITY AND (II) FIFTY DOLLARS (U.S. $50.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability, including for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.
- Procedure for Making Claims of Copyright Infringement. It is CASTLE GRADE’s policy to terminate Site privileges of any user who repeatedly infringes copyright upon prompt notification to CASTLE GRADE by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site and/or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site and/or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for CASTLE GRADE’s Copyright Agent for notice of claims of copyright infringement is as follows: CASTLE GRADE, Inc., Attn: Copyright Agent, [315 East 65th Street, New York, NY 10065] [firstname.lastname@example.org].
- INTERNATIONAL USERS. This Site can be accessed from countries around the world and may contain references to Services and Products that are not available in or intended to be promoted in your country. These references do not imply that CASTLE GRADE intends to announce such Services or Products in your country. The Site and Services are controlled and offered by CASTLE GRADE from its facilities in the United States of America. CASTLE GRADE makes no representations that the Site or the Products are available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.
- Germany. Notwithstanding anything to the contrary in Section 14, CASTLE GRADE is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
- Dispute Resolution, Mandatory Arbitration, Class Action and Jury Trial Waiver. Please read the following arbitration agreement in this Section 21.4 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with CASTLE GRADE and limits the manner in which you can seek relief from us. The terms “CASTLE GRADE,” “we” or “us” when used in this Arbitration Agreement are defined to include the CASTLE GRADE Parties.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, to any of our advertising for the Site or the Products, or to this Agreement, or to any aspect of your customer relationship with CASTLE GRADE, will be resolved by binding arbitration, rather than in court, except that (1) you or we may assert claims in small claims court if the claims qualify and remain solely in such court; and (2) you or CASTLE GRADE may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, [insert name and address of Castle Grade registered agent in New York]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, CASTLE GRADE will pay them for you. In addition, CASTLE GRADE will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (A) determine the scope and enforceability of this Arbitration Agreement and (B) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CASTLE GRADE. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CASTLE GRADE.
- Waiver of Jury Trial. YOU AND CASTLE GRADE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CASTLE GRADE are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 21.4.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim for relief, and only that claim for relief, must be severed from the arbitration and brought into the state or federal courts located in New York County, New York. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [email@example.com], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your CASTLE GRADE username (if any), the email address you used to set up your CASTLE GRADE account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with any of the CASTLE GRADE Parties, or that may enter into in the future, with any CASTLE GRADE Parties.
- Severability. Except as provided in subsection 21.4.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of the Agreement or the termination of your relationship with CASTLE GRADE.
- Export Control. To the maximum extent permissible under applicable law, you may not use, export, import, or transfer any Products or CASTLE GRADE materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Products or CASTLE GRADE materials, and any other applicable laws. In particular, but without limitation, to the maximum extent permissible under applicable law, the Products or CASTLE GRADE materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Products or CASTLE GRADE materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Products or CASTLE GRADE materials for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by CASTLE GRADE are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer CASTLE GRADE products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Force Majeure. Without limiting the foregoing, under no circumstances will CASTLE GRADE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of transportation facilities, fuel, energy, labor or materials, fires, floods, storms, explosions, acts of God, pandemics, war, acts of civil or military authorities, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
LAST UPDATED 10.12.20