Terms & Conditions
THIS IS A CONTRACT THAT AFFECTS YOUR RIGHTS
TERMS & CONDITIONS
Effective Date: April 16, 2025
Country Casual Teak Inc. (“Country Casual Teak,” “we,” “us,” or “our”), on its own behalf as well as on behalf of all related companies, including parent, sibling, and affiliated corporations, offers this website and any related websites (the “Websites”) and social media accounts subject to and conditional upon your agreement to the Terms & Conditions (the “Terms”).
By visiting or using the Websites, you agree to be bound by the Terms. Unless we publish changes to the Terms on our Websites, the Terms are final. If you do not understand or agree to the Terms, do not access or use the Websites. You have the right to consult a lawyer prior to agreeing to the Terms.
BY AGREEING TO THE TERMS, YOU AND COUNTRY CASUAL TEAK AGREE TO RESOLVE ALL DISPUTES BETWEEN THEM SOLELY THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT AND WAIVE ALL RIGHTS TO PARTICIPATE IN ANY CLASS ACTIONS AND WAIVE THE RIGHT TO HAVE ANY DISPUTE DECIDED BY A JURY.
By agreeing to the Terms, you acknowledge that your use of the Websites may result in information about you and your browsing activity being sent to third parties that provide marketing and other services to us, and that you consent to such data-sharing activities unless you advise us otherwise. You can learn more about our information collection and usage practices, and the information shared with third parties, by reading our Privacy Policy.
Please note that Country Casual Teak reserves the right to change the Terms from time to time and will notify you of such changes as described below. Your use of the Websites after such notification constitutes your acceptance of those changes. If you do not agree to those changes, do not access or use the Websites.
1. SCOPE OF AGREEMENT
2. PRIVACY POLICY
3. CHANGES TO TERMS
4. CORRECTION OF ERRORS
5. RESTRICTIONS ON USE: INTELLECTUAL PROPERTY
6. PROPRIETARY INFORMATION
7. DISCLAIMERS
8. LIMITATIONS ON WARRANTIES
9. LIMITATIONS ON LIABILITY
10. INDEMNIFICATION
11. SALES OF SERVICES
12. INTERNATIONAL USE
13. DISPUTE RESOLUTION—ARBITRATION AGREEMENT
14. GOVERNING LAW AND VENUE
15. TERMINATION
16. SEVERABILITY
17. MISCELLANEOUS
18. COPYRIGHT COMPLAINTS
1. SCOPE OF AGREEMENT
A. The Terms govern the operation of the Websites, as well as all interactions between you and Country Casual Teak and those acting on its behalf, as well as every aspect of your access to and use of the Websites, including, but not limited to, all reservations and purchases (the “Services”). The Services also include, but are not limited to, all actions and communications related to or arising in any way out of any sales, promotions, online activities, and contests, as well as the use by you of information made available to you by Country Casual Teak.
B. For certain Services available to you through the Websites, you may be required to enter into additional agreements. In the event of a conflict between the Terms and those additional agreements, the Terms will control.
2. PRIVACY POLICY
You agree that you have been provided with a reasonable opportunity to read our Privacy Policy. In the event of a conflict between the Terms and the Privacy Policy, the Terms will control.
3. CHANGES TO TERMS
A. We will provide notice to you of any changes to the Terms by posting the updated Terms on our Websites, changing the Effective Date set forth in the Terms, and, at our sole discretion, notifying you by such other means as we may deem appropriate.
B. Changes to the Terms will become effective on the date on which they are posted to the Website and shall not apply retroactively. However, by continuing to use the Websites or Services after the effective date of the changed Terms, you agree to be bound by the changes.
4. CORRECTION OF ERRORS
We work hard to be as accurate as possible. Errors will be corrected when discovered, and we have the absolute right to revoke any stated offer and correct any errors and inaccuracies at any time without liability.
5. RESTRICTIONS ON USE: INTELLECTUAL PROPERTY
A. You should assume that everything you see or read on the Websites is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in the Terms or with the written permission of Country Casual Teak. For avoidance of doubt, all material included on the Websites, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software, including, without limitation, the selection, compilations, sequence, “look and feel,” and arrangement of items (the “Content”), is the exclusive property of Country Casual Teak, its subsidiaries, affiliated companies, and/or third-party licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
B. You do not acquire any ownership rights by viewing or accessing the Content. Modification or use of the Content, except as expressly provided in the Terms, violates Country Casual Teak’s intellectual property rights. Nothing posted on the Websites grants a license to any Country Casual Teak intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein are reserved.
C. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Country Casual Teak, except that:
a. You may download, print, distribute, and use pages from the Websites for your own informational, non-commercial purposes, but not for commercial use or general distribution.
b. Any copies of documents or pages from the Websites must not alter the original content of the Websites and must include the Country Casual Teak copyright notice: © All Rights Reserved.
c. You may link to Websites provided that the link does not falsely imply or suggest that Country Casual Teak has endorsed or is affiliated with the linking websites.
D. The trademarks, logos, and service marks displayed on the Websites (collectively the “Trademarks”) are registered and unregistered trademarks of Country Casual Teak and our advertisers, licensors, suppliers, and others. The Trademarks owned by Country Casual Teak, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Country Casual Teak, in any manner that is likely to cause confusion with customers, or in any manner that disparages Country Casual Teak. Nothing contained on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the express written permission of Country Casual Teak, our licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Country Casual Teak will aggressively enforce our intellectual property rights in such Trademarks, including via civil and criminal proceedings. Users of the Websites must not:
a. Monitor, gather, or copy any Content on the Websites by using any robot, spyware, engine, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
b. Frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text or page layout).
c. Engage in any activities through or in connection with the Websites that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive, or that violate any right of any third party.
d. Attempt to circumvent the security systems of the Website.
e. Attempt to gain unauthorized access to services, materials, other accounts, computer systems, or networks connected to any Country Casual Teak server.
f. Attempt to use the Websites for any purposes other than those intended by Country Casual Teak as determined by Country Casual Teak in its sole discretion.
g. Upload or submit any data or information that contains viruses or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
h. Engage in any activity that interferes with a user’s access to the Websites or the proper operation of the Website. You also agree that, in using these Websites, you will not impersonate any person or entity.
i. Upload, post, email, transmit, distribute or otherwise publish any message, information, text, or other material (“Objectionable Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically, or otherwise objectionable.
j. Upload or transmit any Objectionable Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ.
k. Upload, email, transmit, or otherwise make available any Objectionable Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
l. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
m. Without Country Casual Teak’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods, or services.
E. The Content and the functionality of these Websites may be updated or changed at any time without prior notice.
6. PROPRIETARY INFORMATION
A. If you wish to use material contained on the Websites or Apps other than for your personal review and educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are not a customer of Country Casual Teak and wish to download and use any information from the Websites for purposes other than your personal review and educational use, or in connection with your customer or potential customer relationship with Country Casual Teak, send a request outlining your proposed use by email to marketing@countrycasualteak.com for evaluation.
B. If the webmaster approves your request to use Country Casual Teak's site Content, you are granted permission to view, use, reproduce, copy, and distribute documents within the Websites for the sole purposes specified in your request form. You agree not to modify the documents, publications, or graphics or to quote materials out of context.
C. Country Casual Teak shall have the right to monitor use of the Websites to determine compliance with the Terms. Country Casual Teak can revoke its consent at any time and you shall immediately cease any further use of the Country Casual Teak site Content. The foregoing consent does not include permission to copy the design elements, look and feel, or layout of the Websites. You agree to assume all risks concerning the suitability and accuracy of the information within the Websites which you propose to use.
7. DISCLAIMERS
A. The Websites and Services are provided by Country Casual Teak on an “as is” and “as available” basis. Country Casual Teak cannot guarantee that the Websites (and associated servers), and their content, are error-free. Country Casual Teak makes no representations about the technical accuracy or functionality of the Websites or that the Content is accurate, error-free, or up to date.
B. Country Casual Teak is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software. Additionally, Country Casual Teak is not responsible for failure of any email or redemption to be received due to technical problems, traffic congestion online, failures of the Websites or Apps, or any combination thereof, including any injury or damage to an entrant's or any other person’s computer related to or resulting from downloading materials consistent with the use of Country Casual Teak.
C. Country Casual Teak reserves the right to change any and all Content contained on the Websites and Apps at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Country Casual Teak.
8. LIMITATIONS ON WARRANTIES
A. TO THE FULLEST EXTENT PERMITTED BY LAW, COUNTRY CASUAL TEAK DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) ARISING OUT OF OR RELATING TO THE WEBSITES AND SERVICES.
B. ALTHOUGH COUNTRY CASUAL TEAK ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE WEBSITES OR APPS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU, AND NOT COUNTRY CASUAL TEAK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE AND REPAIR OR CORRECT THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF WEBSITES AND THEIR CONTENT. COUNTRY CASUAL TEAK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
9. LIMITATIONS ON LIABILITY
A. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL COUNTRY CASUAL TEAK OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES OR APPS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES AND SERVICES.
a. THESE LIMITATIONS ON LIABILITY APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED IN ANY WAY WITH THE WEBSITES, APPS, OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THEM.
b. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY'S ESSENTIAL PURPOSE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT COUNTRY CASUAL TEAK WOULD NOT GRANT ACCESS TO THE WEBSITES OR APPS WITHOUT YOUR AGREEMENT TO THIS TERM.
c. THESE LIMITATIONS ON LIABILITY SHALL APPLY TO ALL CLAIMS, INCLUDING THOSE ARISING OUT OF CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITES AND SERVICES.
10. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COUNTRY CASUAL TEAK, ITS AFFILIATES, AND ALL OF THEIR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITES, APPS, SERVICES, OR ANY MATERIALS OR SUBMISSIONS YOU PROVIDE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM BY A THIRD PARTY THAT ANY MATERIALS OR SUBMISSIONS INFRINGE OR VIOLATE SUCH THIRD PARTY'S RIGHTS OR INTERESTS.
11. SALES OF SERVICES
All sales of Services are subject to the Terms and Country Casual Teak’s Standard Terms and Conditions of Sale, a copy of which is available upon request.
12. INTERNATIONAL USE
Country Casual Teak makes no representation that the materials on the Websites are appropriate or available for use in locations outside the United States. Access to the Websites and Apps from countries or territories where such access is illegal is prohibited. Those who choose to access the Websites or Apps from outside the United States do so at their own initiative and are responsible for compliance with local laws.
13. DISPUTE RESOLUTION—ARBITRATION AGREEMENT
On occasion, a third party may be necessary to help resolve Disputes that may arise between you and Country Casual Teak Inc. This section of the Terms & Conditions (the “Dispute Resolution Agreement”) limits you and Country Casual Teak to resolving Disputes between them by individual arbitration (or small claims court, if the Dispute qualifies), unless the Dispute is expressly excluded from the arbitration requirement. This Dispute Resolution Agreement shall survive any termination, expiration, or nullification of any or all the Terms & Conditions.
FOR ALL DISPUTES REQUIRED TO BE ARBITRATED UNDER THIS DISPUTE RESOLUTION AGREEMENT, YOU AND COUNTRY CASUAL TEAK INC. WAIVE ALL RIGHTS TO A JURY TRIAL, TO PARTICIPATE IN ANY CLASS ACTION OR COMPARABLE COLLECTIVE PROCEEDING, AND TO HAVE THOSE DISPUTES DECIDED IN COURTS OTHER THAN SMALL CLAIMS COURT.
“Dispute” and “Disputes” shall be interpreted in the broadest possible sense to include, without limitation, any and all complaints, claims, and controversies of every kind, including, but not limited to, statutory, regulatory, constitutional, contractual, common law (including torts of any kind), and tax-related (including erroneous sales tax collection) causes of action, and encompassing fully all those involving allegations of negligence, fraud, misrepresentation, and the alleged breach of any duty whatsoever.
A. GENERAL ARBITRATION PROVISIONS
The following general provisions apply to all Disputes which are subject to the requirement to arbitrate (“Arbitrable Disputes”). These provisions are intended to be read harmoniously with the rules governing individual and mass arbitration set forth below. To the extent that there is any conflict between these general provisions and those specific rules, the specific rules will control.
(1) Persons and Entities Covered. The obligation to arbitrate extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and others acting on behalf of you or Country Casual Teak, or anyone on whose behalf you use the Sites and Apps or obtain Services. It also extends to Disputes in which claims of any kind are threatened or asserted against any corporations and other business entities related in any way to Country Casual Teak (including, but not limited to, parents, subsidiaries, and sibling corporations) and which arise out of your use of the Sites and Apps and the Services.
(2) Governing Law. Notwithstanding any other provision of the Terms & Conditions, all arbitrations are governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws, and you and we agree that it should be interpreted in a manner that protects and preserves the obligation to arbitrate in strict accordance with this Dispute Resolution Agreement.
(3) Opt-Out Rights. You have the right to opt out of the arbitration requirement by sending a written notice expressly stating “I opt out of the dispute resolution agreement” or similar words by email to info@countrycasualteak.com and legal@countrycasualteak.com, or in writing via certified mail, return receipt requested to Country Casual Teak Inc., Legal Department,7601 Rickenbacker Dr., Gaithersburg, MD 20879 within thirty (30) days after you first agree to the Terms & Conditions. Opting out has no effect on any other dispute resolution agreements that you may currently have or may enter in the future with us, nor does it eliminate or change any other rights or requirements of the Terms & Conditions. Nor does opting out prevent you from later agreeing to a dispute resolution agreement with us.
(4) Mandatory Informal Settlement Process. For Arbitrable Disputes only, you and we must participate in an informal settlement process (the “Informal Settlement Process”) as follows before any arbitration can be commenced:
a. The party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s name, mailing address, email address, and a concise description of the Dispute, including any monetary demand. Claim Statements submitted by you must be sent by email to info@countrycasualteak.com and legal@countrycasualteak.com, or in writing via certified mail, return receipt requested to Country Casual Teak Inc., Legal Department,7601 Rickenbacker Dr., Gaithersburg, MD 20879.
b. If the Claimant is represented by an attorney, the Claimant’s attorney must also sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with all obligations to conduct a reasonable investigation into the factual and legal basis of any claim and to represent that any claim asserted has a legal and factual basis under the standard that applies to representations to the court under Rule 11(b) of the Federal Rules of Civil Procedure (or any successor provision in the event of an amendment to that rule) (a “Rule 11 Certification”).
c. Once a properly completed Claim Statement and any applicable Rule 11 Certification is received, the Claimant and Respondent shall for a period of sixty (60) days seek to resolve the Dispute amicably. Any applicable statutes of limitations for the Dispute will be stayed during this period.
d. Failure to complete in good faith the Informal Settlement Process as to any Arbitrable Disputes is a material breach of this agreement. No arbitration may be filed nor any arbitrator appointed or arbitration fees imposed on the Respondent until this process has been completed. If an arbitration is commenced in violation of this requirement, the Claimant shall pay all fees or costs of arbitration imposed on Respondent.
(5) No Class Actions. Except as expressly permitted under the Mass Arbitration Rules (set forth below), you and we agree that all Arbitrable Disputes must be resolved individually and not via a class or consolidated proceeding of any kind, even if the requirement to arbitrate is found unenforceable for any reason. However, nothing restricts the settlement of Disputes by mutual agreement, including through court-approved class action settlements.
(6) Changes. If we change the arbitration requirements of this Dispute Resolution Agreement after you last accepted the Terms & Conditions, you can reject those changes by sending written notice within thirty (30) days of the effective date of such changes to info@countrycasualteak.com and legal@countrycasualteak.com, or in writing via certified mail, return receipt requested to Country Casual Teak Inc., Legal Department, 7601 Rickenbacker Dr., Gaithersburg, MD 20879. The notice must include your full name, email address, and mailing address, and state specifically that you reject the Dispute Resolution Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the arbitration requirements that were in effect when you last agreed to the Terms & Conditions. The rejection of these changes shall have no effect on any other provisions of the Terms & Conditions. Nor does rejecting Dispute Resolution Agreement changes preclude you from later agreeing to those changes.
(7) Improperly Commenced Arbitration. If either you or we believe the other party has started or intends to start any arbitration in violation of this Dispute Resolution Agreement, you and we have the right to seek a court order to stop that arbitration, and any arbitrations related to or giving rise to such a court action shall be stayed and no arbitration fees or costs imposed until the court action (including appeals) is concluded fully and finally. Upon a finding that a Dispute was threatened, filed, or maintained in knowing violation of this Dispute Resolution Agreement or to exert undue pressure, or is frivolous, a court may award the costs and fees of arbitration and any associated litigation, including reasonable attorneys’ and expert fees, to the other party.
(8) Survival and Severability. This Dispute Resolution Agreement shall survive and remain in effect even after your relationship with Country Casual has ended. If any part of the Dispute Resolution Agreement is found to be unenforceable, the remaining provisions will remain in force and apply fully.
(9) Delegation. Disputes concerning whether you and we have entered a valid and binding agreement to arbitrate shall be decided exclusively by a court of competent jurisdiction, not by an arbitrator. All arbitrations where such issues are raised by either party shall be stayed until a court action (including all appeals) is fully and finally concluded. All other issues in Arbitrable Disputes shall be resolved by an arbitrator.
(10) Offer of Settlement. In any Arbitrable Dispute between you and Country Casual, the Respondent may choose to make a written settlement offer at any time after the receipt of a Claim Statement. The offer amount and its terms will not be revealed to any arbitrator until after a final award (which includes any dispositive decision). If the value of that award is less than the value of the settlement offer, or if the award favors the Respondent, the Claimant shall pay the Respondent’s arbitration fees, legal and expert fees, and costs which were incurred or imposed after the offer to the fullest extent allowed by law.
(11) AAA Arbitrations. If the American Arbitration Association (the “AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Dispute Resolution Agreement (including as a result of any aspect of this Dispute Resolution Agreement which does not meet with the AAA’s approval), or if the AAA for any other reason whatsoever declines to handle an Arbitrable Dispute assigned to it, the parties shall use their best efforts to find and agree upon a substitute arbitration organization guided by the following criteria: costs and obligations reasonably proportionate to the amount in controversy; meaningful opportunities to streamline the individual arbitration process and otherwise reduce costs and expenses to both sides; and resources sufficient to resolve Disputes promptly. Should the parties fail to agree on a substitute for the AAA, the parties shall ask a court of competent jurisdiction to appoint a substitute arbitration organization to conduct the individual arbitration in conformity with all applicable requirements of this Dispute Resolution Agreement including the arbitrator selection criteria set out in this paragraph.
B. ARBITRATION RULES
The arbitration process will vary depending on whether an Arbitrable Dispute is pursued individually by a Claimant (an “Individual Arbitration”) or as part of a larger group of associated claims (a “Mass Arbitration,” defined below).
(1) Individual Arbitration. All Individual Arbitrations shall be before a single arbitrator of the AAA. Arbitrations handled by the AAA and involving consumer disputes as defined by the AAA will be governed by this Dispute Resolution Agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol (the “Consumer Rules”) (https://www.adr.org/consumer) in effect on the date when the Dispute arose (each a “Consumer Arbitration”). Where the Consumer Rules do not apply, the arbitration shall be governed by these Individual Arbitration Rules and the AAA Commercial Arbitration Rules (each a “Commercial Arbitration”) together with the AAA Optional Appellate Rules: (https://www.adr.org/commercial). If there is a conflict or inconsistency between this Dispute Resolution Agreement and any applicable AAA rules and protocol, the terms of this Dispute Resolution Agreement shall control. In any Commercial Arbitration, the prevailing party shall recover reasonable attorneys’ fees, expert witness fees, and costs, including costs and fees incurred in collection. In any Consumer Arbitration, the prevailing party shall be able to recover attorneys’ fees where and as expressly allowed by applicable law.
a. For consumer arbitrations where Disputes (including counterclaims) are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-36 of the Consumer Rules. However, the arbitrator may permit reciprocal, reasonable discovery (strictly limited in nature and proportionate in scope and cost to the Dispute and which does not impose undue cost or hardship on either of the parties), and may also allow for a hearing if the arbitrator, in their discretion, deems it necessary, which shall be by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is proportionate to the Dispute amount.
b. An arbitration before the AAA can be requested by mail or online through the AAA’s website (https://www.adr.org/Support). A copy of the arbitration demand shall be emailed info@countrycasualteak.com and legal@countrycasualteak.com, or in writing via certified mail, return receipt requested to Country Casual Teak Inc., Legal Department,7601 Rickenbacker Dr., Gaithersburg, MD 20879. Upon request by either you or us, any attorney representing a party demanding arbitration shall provide to the Respondent and the AAA a Rule 11 Certification.
(2) Mass Arbitration. If 20 or more Claimants (each a “Mass Arbitration Claimant”) or their lawyers or representatives file or disclose to us an intention to file demands for arbitration raising substantially similar Arbitrable Disputes, and counsel or representatives for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitrations Rules alone shall apply instead of the Individual Arbitration Rules set forth above or any mass arbitration rules published by the AAA or any other arbitration organization. In the event of any conflict, inconsistency, or difference between these Mass Arbitration Rules and the Individual Arbitration Rules, above, the Mass Arbitration Rules shall control.
a. Enhanced Informal Settlement Process. Each Mass Arbitration Claimant must comply with the Informal Settlement Process set forth above as enhanced here to reflect the seriousness, scope, and impact of a Mass Arbitration and offer you and us additional tools to increase the odds of reaching an amicable settlement (the “Enhanced Settlement Process”). Full compliance with the Enhanced Settlement Process is a mandatory condition precedent to Mass Arbitration Claimants arbitrating or litigating their Disputes. To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation will be stayed for all Mass Arbitration Claimants during the Enhanced Settlement Process and until its mandatory mediation component (described below) is completed.
i. To initiate the Enhanced Settlement Process, the Mass Claimants shall individually or collectively submit to us a Claim Statement fully compliant with the requirements of the Informal Settlement Process described in Paragraph A(4), above, including the Rule 11 Certification requirement. Lawyers representing the Mass Arbitration Claimants shall provide a certification, under oath, they have authority to arbitrate, mediate, and settle the Disputes raised by each of the Mass Arbitration Claimants. You and we shall then engage in a good faith effort to settle the underlying Disputes for a period of sixty (60) days.
ii. If any Disputes remain upon the completion of the foregoing settlement discussions, the Mass Arbitration Claimants and we will then each select not more than two (2) non-settling Mass Arbitration Claimants for up to four (4) initial arbitrations (the “Initial Arbitrations”) intended to inform and benefit a mediated settlement discussion described below. Each Initial Arbitration will be decided under the Individual Arbitration Rules, above, with each assigned to a different arbitrator. The Initial Arbitrations must be conducted, and final, reasoned decisions issued, within one hundred twenty (120) days of their commencement.
iii. Promptly upon the issuance of reasoned decisions in all of the Initial Arbitrations, the parties’ counsel shall participate in good faith mediation for a period of sixty (60) days seeking in good faith to resolve all remaining Disputes of the Mass Arbitration Claimants (the “Mandatory Mediation”) with JAMS (https://www.jamsadr.com/). Except for the Initial Arbitrations, no arbitrations will be commenced by the Mass Arbitration Claimants until after the completion of both the Initial Arbitrations and the mandatory mediation that follows.
b. Arbitration of Unresolved Disputes. Any Mass Arbitration Claimants whose Disputes remains unresolved at the conclusion of the mandatory Enhanced Settlement Process (the “Unresolved Disputes”) shall pursue their Disputes in small claims court (if eligible) or as individual arbitrations with FairClaims, Inc. (“FairClaims”) (https://www.fairclaims.com). Reasoned decisions from the Initial Arbitrations can be presented in small claims court and arbitration for their persuasive value but shall not be binding. Discovery obtained in the Initial Arbitrations may also be used in connection with such proceedings. If FairClaims is unavailable or unable to hear the Unresolved Disputes, the parties shall use their best efforts to find and agree upon a substitute arbitration organization to provide individual arbitration of the Unresolved Disputes, guided by the following criteria: costs and obligations reasonably proportionate to the amount in controversy; meaningful opportunities to streamline the individual arbitration process and otherwise reduce costs and expenses to both sides; and resources sufficient to resolve Disputes promptly.
c. Challenges to the Mass Arbitration Rules. Any challenge to these Mass Arbitration Rules, or any component of them, shall be resolved exclusively by a court of competent jurisdiction, not by any arbitrator. During such court proceedings, any pending arbitrations shall be fully stayed, no arbitration fees and costs imposed or paid, and no further arbitrations filed until such court action (including all appeals) is fully and finally concluded. Any ruling that the Mass Arbitration Rules or any aspect of them are invalid or unenforceable shall not affect the validity or enforceability of any other parts of the Terms, including the Dispute Resolution Agreement. You and we agree that the Enhanced Settlement Process shall be mandatory for all Mass Arbitration Claimants and us as a condition precedent to arbitrating or adjudicating the disputes of the Mass Arbitration Claimants even if a court finds Paragraph 2(b) (Arbitration of Unresolved Disputes) to be void or unenforceable, in whole or in part, for any reason.
d. Mandatory Nature of the Mass Arbitration Rules. If Paragraph 2(b) (Arbitration of Unresolved Disputes) is determined to be void or unenforceable for any reason in a court action that is fully and finally concluded, or if the parties are unable in good faith to select a substitute arbitration organization for FairClaims as provided for under Paragraph 2(b), above, any Unresolved Disputes shall be heard and resolved in the state and federal courts of the State of Maryland and not through arbitration. If any court action permitted under this provision is pursued as a class action, the class shall be limited to the Mass Arbitration Claimants.
14. GOVERNING LAW AND VENUE
A. Except as expressly provided in the Arbitration Agreement, you agree that the Terms shall be interpreted, enforced, and governed solely by the laws of the state of Maryland (ignoring its conflicts of law principles), except to the extent preempted by federal law.
B. Except as expressly provided in the Arbitration Agreement, to the extent that any Dispute, or any aspect of a Dispute, between you and Country Casual Teak must be addressed by a court other than small claims court despite the Arbitration Agreement set forth above, you agree that it shall be resolved in state or federal courts with jurisdiction in Gaithersburg, Maryland.
15. TERMINATION
Country Casual Teak reserves the right, without notice and in its sole discretion at any time, to terminate your license to use the Websites and Services, to block or prevent future access to and use by you of the Websites and Services, and to remove and discard any Content.
16. SEVERABILITY
Except as expressly provided in the Arbitration Agreement, if any provision of the Terms is deemed to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
17. MISCELLANEOUS
A. Country Casual Teak shall not have any liability to you for any delay or failure to perform any obligation under the Terms if the delay or failure is caused by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic, national emergency, governmental action, or other causes beyond our commercially reasonable ability to control.
B. You agree that all information supplied by you on the Websites is true and accurate in all respects.
C. The Websites are not intended for use by children under the age of eighteen (18).
D. At Country Casual Teak, we are committed to ensuring that our content is accessible to persons with disabilities, including, but not limited to, visitors using screen reader software and other assistive technologies. We take accessibility seriously and work diligently to make content accessible, utilizing WCAG 2.1AA as a guide. If you experience any difficulty accessing any part of our content or need help, please email us at info@countrycasualteak.com or call us at 1-800-289-8325. We will work with you to address your questions or concerns, including providing information through an alternate communication method that is accessible to you, if appropriate.
E. The Websites may link to or be linked from other websites that are not maintained by or related to Country Casual Teak. Country Casual Teak does not endorse, and is not responsible for, the content of any of those third-party websites. We provide these links for convenience purposes only. You browse linked sites at your own risk. Country Casual Teak does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party website or its content or products or services. The terms and conditions of use and privacy policies of third-party websites may differ substantially from the Terms and the privacy policy and legal notices and disclosures that apply to your use of the Websites or Apps. Please review the terms and conditions of use for all third-party websites for more information about the terms and conditions that apply to your use of third-party websites and the purchase of their products or services.
18. COPYRIGHT COMPLAINTS
A. We take claims of copyright infringements seriously. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Country Casual Teak that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent:
Legal Department, Country Casual Teak Inc.
7601 Rickenbacker Dr., Gaithersburg, MD 20879
B. To be effective, the notification must be written communication that includes the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact Us We welcome your questions or comments regarding the Terms:
Email: legal@countrycasualteak.com
Phone: 1-800-289-8325
Mail: Country Casual Teak, Legal Department, 7601 Rickenbacker Dr., Gaithersburg, MD 20879
