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. 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. ARBITRATION AGREEMENT
If a dispute arises between you and Country Casual Teak, we will strive to resolve it fairly. In some cases, however, a third party may be needed to help resolve such disputes. This section of our Terms (the “Arbitration Agreement”) strictly limits both you and Country Casual Teak to resolving all disputes through individual arbitration or small claims court only. This Arbitration Agreement constitutes a separate agreement between you and Country Casual Teak which shall be interpreted and enforced without reference to any other provision of the Terms.
YOU AND COUNTRY CASUAL TEAK AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND YOU AND COUNTRY CASUAL TEAK WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.
All Disputes Covered. The term "Disputes" is defined broadly to include all claims and controversies of any type, including, but not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims and controversies, as well as those involving allegations of negligence, fraud, and misrepresentation.
All Persons and Entities Covered. This Arbitration Agreement extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and all others acting on behalf of you or Country Casual Teak, including those on whose behalf you visit the Websites or use the Services. In addition, it is binding on the heirs, successors, agents, and assigns of you and us, as well as all corporations related in any way to Country Casual Teak. If a Dispute involves parties who are not subject to this Arbitration Agreement, claims involving such parties shall be stayed pending the resolution of all related arbitrations.
Governing Law. This Arbitration Agreement is governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws. You and we agree that this Arbitration Agreement involves interstate commerce under the FAA. The laws of Maryland, but not including its conflicts of law rules, shall govern exclusively the resolution of all Disputes unless preempted by federal law.
The Informal Settlement Process. Before initiating an arbitration or small claims court case, you and Country Casual Teak must first participate in the informal dispute resolution process as follows:
(a) To start the informal settlement process, 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 full name, mailing address, email address, the date(s) the Dispute arose, a detailed explanation of the facts relevant to the Dispute, and a proposal for resolving it, including any claimed amount and how that amount was calculated. The Respondent may request additional information, and the Claimant agrees to reasonably investigate and provide additional information responsive to the Respondent’s request. Claim Statements must be sent to Country Casual Teak either by certified mail or by email to these addresses: info@countrycasualteak.com and legal@countrycasualteak.com.
(b) If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to share information about the Dispute with the named attorney. The Claimant's attorney must 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 Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). The certified Claim Statement will be admissible in any arbitration or court proceeding related to the Dispute.
(c) Once a Claim Statement meets the requirements of the Arbitration Agreement is received by the Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitations for the 60-day period starting from the date the Respondent receives a proper Claim Statement.
(d) Failure to complete in good faith the informal settlement process is a material breach of this Arbitration Agreement. Any arbitration or small claims court action filed under this Arbitration Agreement must state that the Claimant has completed in good faith the informal settlement process. No arbitrator may be appointed to hear a Dispute where the requirements of the informal settlement process have not been satisfied.
(e) At the end of the informal settlement process, unresolved Disputes from the Claim Statement, and no others, can then and only then be pursued on an individual basis only either in (1) binding individual arbitration (as provided for below), or (2) small claims court, if the requirements of small claims court are satisfied.
No Class Actions. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS SPECIFIED IN THE MASS ARBITRATION RULES BELOW, YOU AND WE AGREE THAT ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY, AND NOT VIA CLASS ACTION, EVEN IF THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE.
This means: (a) neither you nor we can file or participate in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine claims from multiple claimants or oversee a consolidated, class, or representative action; and (c) an arbitrator’s decision or award will apply only to that specific claimant's Dispute. This section does not limit the relief available to you or us in individual arbitration or small claims court, nor does it restrict either party's right to settle Disputes by mutual agreement, including through class-wide settlements via mediation or other means.
Fees and Costs. You and we are responsible for our own costs and attorneys’ fees in connection with all Disputes. However, either party may seek to recover such fees and costs if allowed by applicable law or arbitration rules applicable to the Dispute. If an arbitrator finds that a claim or counterclaim was made or prosecuted in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the defending party.
Changes. If Country Casual Teak changes this Arbitration Agreement after you last accepted the Terms, you can reject those changes by sending written notice within 30 days of the effective date of such changes. The notice must include your full name, email address and mailing address, and clearly state that you reject the Arbitration Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the version of the Arbitration Agreement that was in effect when you last agreed to the Terms. Send your notice by certified mail to the address below or email to: legal@countrycasualteak.com.
Improperly Commenced Arbitration. If either party believes the other party has started or is about to start an arbitration in violation of this Arbitration Agreement (including the Mass Arbitration Rules set forth below), you and Country Casual Teak agree that that party can request a court order to stop the arbitration and that any arbitration subject to such a court action shall be stayed until the court action is concluded. The court in such action shall have the authority to order the payment of costs and reasonable attorneys' fees related to such a proceeding upon a finding that an arbitration was commenced in knowing violation of the Arbitration Agreement.
Survival. The Arbitration Agreement will survive and remain in effect even after your relationship with Country Casual Teak has ended and despite any action seeking to terminate any agreement between you and Country Casual Teak.
Severability. Except as expressly provided in the Mass Arbitration Rules, below, if any part of the Arbitration Agreement is found to be unenforceable, its remaining provisions will still apply to the fullest extent allowed by law.
General Rules. In arbitration, there is no judge or jury, but the arbitrator has the authority to hear all Disputes and grant the same relief a court could. The arbitrator must interpret and apply the Terms and this Arbitration Agreement just as a court would. The results of an arbitration shall have no effect on other Disputes between you and Country Casual Teak, and shall not be binding in any other Disputes in which you are not a party.
Any court with proper authority and jurisdiction can enforce this Arbitration Agreement, including any matters related to Mass Arbitration, as defined below. The court may also prevent the filing or continuation of any arbitration, or the imposition of fees and costs associated with any arbitration, if such a filing or the imposition of fees or costs does not comply with the requirements of the Arbitration Agreement.
Unless stated otherwise in this Arbitration Agreement, if you and we disagree about whether a Dispute must be arbitrated, the scope of the arbitrator's authority, or the enforceability of any specific terms of the Arbitration Agreement, the arbitrator is delegated sole authority to resolve such disputes.
However, if you or we argue that this Arbitration Agreement is not for any reason an enforceable contract, only a court with proper authority can decide that matter, and any pending arbitration shall be stayed until a final decision on the matter by a court in which such a claim is asserted until after the exhaustion of any appeals and petitions for certiorari. This provision does not limit either party’s right to challenge in a court of competent jurisdiction an improperly commenced arbitration as elsewhere provided in this Arbitration Agreement.
In any arbitration between you and Country Casual Teak, the Respondent may choose to make a written settlement offer at any time after the initiation of arbitration but is under no obligation to do so. The settlement offer amount or terms will not be revealed to the arbitrator until after an award (including any dispositive decision) is made. To the fullest extent permitted by law, if the award is less than the settlement offer or favors the Respondent, the Claimant must pay the Respondent’s arbitration fees and costs incurred after the offer to the fullest extent permitted by law.
The arbitration process will vary depending on whether the Dispute is pursued individually or as part of a Mass Arbitration (defined below). These individual arbitration rules do not apply to Disputes that are part of a Mass Arbitration except in connection with the limited bellwether arbitrations described in the Mass Arbitration Rules set forth below. If the American Arbitration Association (“AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Arbitration Agreement (including as a result of any aspect of this Arbitration Agreement which does not meet with their approval), or otherwise finds that it cannot arbitrate a Dispute, you and we will negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement. If no such agreement is reached, the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9 U.S.C. § 5 to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement.
Individual Arbitration Rules. All individual arbitrations (those not subject to the Mass Arbitration Rules, below) shall be before a single arbitrator of the AAA. Arbitrations involving consumers will be governed by this Arbitration Agreement and the AAA Consumer Arbitration Rules (“Consumer Rules”) and the AAA Consumer Due Process Protocol. However, the Consumer Rules shall only apply if the Dispute involves or is related to goods or services offered or purchased for personal or household use, and not goods or services offered or purchased for any other use or purpose, including in support of a business, job, or profession or for resale. Arbitrations not governed by the Consumer Rules shall be governed by this Arbitration Agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there is a conflict between this Arbitration Agreement and any applicable AAA rules and protocols, the Terms will control.
For consumer arbitrations where claims or counterclaims are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-29 of the Consumer Rules (or its successor under the AAA Consumer Rules). However, the arbitrator may permit reasonable and appropriate discovery (proportionate to the Dispute amount and not imposing undue cost or hardship on either of the parties), and may allow a hearing 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 reasonable compared to the Dispute amount. All decisions by an arbitrator, including any awards, can be enforced or confirmed in any court with proper jurisdiction, but they shall have no precedential effect in another arbitration.
To begin an arbitration with the AAA, the informal settlement process outlined above must first be completed. Afterward, the claiming party must send a letter describing the Dispute, including any amount claimed, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website. Any attorney representing a Claimant must sign, under oath or penalty of perjury, a Rule 11 certification with regard to the arbitration demand. This certification will be admissible in any arbitration or court proceeding related to the Dispute, and the arbitrator shall have the authority to impose sanctions as provided for by Rule 11.
Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose to Country Casual Teak intention to file demands for arbitration against Country Casual Teak raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitration Rules shall apply to the exclusion of any other rules applying to mass arbitrations published by any arbitration organization, including the AAA. Any dispute concerning whether these Mass Arbitration Rules apply or challenging the enforceability of any of these Mass Arbitration Rules may only be resolved by a court of competent jurisdiction, and no arbitrator shall be appointed in the absence of such a court determination except by agreement of the parties.
Each Mass Arbitration Claimant must satisfy the informal settlement process outlined above before proceeding to arbitration, including the requirement of a signed certification of counsel under oath or penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11 for each claimant. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11. Lawyers representing the Mass Arbitration Claimants shall also certify, under oath, that no other attorney represents the Mass Arbitration Claimants in connection with the Disputes raised during the informal settlement process.
If the informal settlement process fails for any Mass Arbitration Claimants, counsel for the parties will each select up to five (5) Mass Arbitration Claimants (totaling no more than ten [10] and with an equal number selected by each counsel for the Mass Arbitration Claimants and counsel for us) for bellwether arbitrations which will be decided individually under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. Any other arbitration claims which have been filed by other Mass Arbitration Claimants must be dismissed without prejudice before the bellwether arbitrations can begin.
All bellwether arbitrations must be completed within 120 days of their commencement unless otherwise agreed. No further arbitration demands can be filed by Mass Arbitration Claimants during the pendency of the bellwether arbitrations or during the subsequent mandatory mediation process described below.
After the bellwether cases are resolved, the parties’ counsel will promptly participate in good faith in nonbinding, confidential mediation for at least 60 days to resolve all remaining Disputes of the Mass Arbitration Claimants. This mediation will be conducted by the AAA under its current Mediation Procedures unless both sides agree to a different mediator or mediation process.
To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for their Disputes will be paused until the completion of the informal settlement process, the bellwether arbitrations, and the completion of the mediation described below.
Mass Arbitration Claimants whose claims remain unresolved after mediation can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and not with the AAA or any other arbitrator or arbitration-sponsoring organization). The applicable FairClaims rules shall be either those for Small Claims or the Fast Track rules and will depend on the claim amount, information about which is available here. Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only, but shall not be binding. Discovery obtained in the bellwether cases may be used in connection with FairClaims arbitrations subject to appropriate confidentiality protections.
If any aspect of these Mass Arbitration Rules is determined to be unenforceable for any reason in a court decision as to which further review is foreclosed, and as to which all available motions, appeals, and petitions for review have been resolved fully or not timely pursued (a “Final Determination”), all unresolved Disputes between the Mass Arbitration Claimants and Country Casual Teak shall be resolved in the courts of the state of Maryland. Country Casual Teak shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision, the class of plaintiffs shall be strictly limited to Mass Arbitration Claimants who have satisfied the informal settlement process and who have unresolved Disputes.
If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination, those Mass Arbitration Claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules or any aspect of them are unenforceable will not affect the validity or enforceability of any other parts of this Arbitration Agreement or any other part of the Terms.
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
