Last Updated: April 26, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE CAISV.COM WEBSITE, SERVICES, OR PURCHASING PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
1. Introduction
1.1. Agreement: Welcome to caisv.com (the “Site”). These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and Caisv (“Caisv,” “we,” “us,” or “our”), concerning your access to and use of the caisv.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). The Service includes the platform, features, content, applications, and the sale of products (“Products”) offered by us.
1.2. Scope: These Terms apply to all visitors, users, and others who access or use the Service. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
1.3. Acceptance Requirement: You agree that by accessing the Site and using the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately. Accessing the Site or using the Service signifies your formal acceptance of these Terms and our Privacy Policy, which governs our collection and use of your personal information.
2. Acceptance of Terms
2.1. Binding Agreement: By creating an account, making a purchase, browsing the Site, or otherwise using the Service in any manner, you affirm that you have read, understood, and unconditionally accept these Terms in their entirety.
2.2. Eligibility & Age Requirement: The Service is intended for users who are at least 18 years old, or the age of legal majority in your jurisdiction, whichever is higher. Persons under the age of 18 (or the age of legal majority) are not permitted to use or register for the Service without the express consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or guardian permitting a minor to use the Service, you agree to: (i) supervise the minor’s use of the Service; (ii) assume all risks associated with the minor’s use of the Service, including the transmission of content or information to and from third parties via the Internet; (iii) assume any liability resulting from the minor’s use of the Service; (iv) ensure the accuracy and truthfulness of all information submitted by the minor; and (v) assume responsibility and be bound by these Terms for the minor’s access and use of the Service. Specifically for users in the European Union: You must be at least 16 years old to consent to the processing of your personal data without parental consent (unless your member state provides for a lower age, but not below 13).
3. Modification of Terms
3.1. Right to Modify: We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time.
3.2. Notification of Changes: We will alert you about any changes by updating the “Effective Date” of these Terms and posting the updated Terms on the Site. We may also, but are not obligated to, provide notice through the Service interface or via email to your registered email address. We recommend providing at least 14 days’ notice for material changes.
3.3. Acceptance of Modifications: Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to the updated Terms, you must stop using the Service.
3.4. Version Tracking: The “Effective Date” and “Version” number at the top of these Terms indicate the latest revision. We encourage you to review these Terms periodically.
4. Description of Service
4.1. E-commerce Platform: caisv.com provides an online platform that allows users to browse, select, and purchase Products offered by the Company. The Service also includes related features such as account management, product reviews (if applicable), customer support, and informational content.
4.2. Service Availability and Modifications: We strive to keep the Service operational; however, we do not guarantee that the Service or any content on it, will always be available or be uninterrupted. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. This may include adding new features, changing existing features, imposing limits, or restricting access. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
4.3. Product Information: We attempt to be as accurate as possible in our Product descriptions, pricing, and availability. However, we do not warrant that Product descriptions, pricing, photographs, or other content of the Service are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition according to our Return Policy . We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
5. User Responsibilities / Obligations
5.1. Lawful Use: You agree to use the Service only for lawful purposes and in accordanceance with these Terms. You are solely responsible for your conduct while using the Service and for any consequences thereof.
5.2. Prohibited Conduct: You agree not to, and will not assist, encourage, or enable others to use the Service to:
a) Engage in any activity that violates any applicable local, state, national, federal, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, EU or other countries).
b) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
c) Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
e) Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
f) Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
g) Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
h) Upload, post, email, transmit, or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
i) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service. This includes attempting to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
j) Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Service.
k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
l) Use the Service for any commercial purpose not expressly permitted by these Terms or in a manner that falsely implies our endorsement, partnership, or otherwise misleads others as to your affiliation with us.
m) Engage in fraudulent activities, including but not limited to, using stolen credit cards, committing chargeback fraud, or providing false billing information.
5.3. User-Generated Content (UGC): If the Service allows you to post content, such as product reviews, comments, or other materials (“User Content”):
a) You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
b) You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and the User Content does not infringe upon the rights of any third party, including intellectual property rights and privacy rights.
c) You agree that your User Content will not contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
d) We reserve the right, but are not obligated, to review, monitor, remove, or edit User Content, at our sole discretion and at any time, without notice to you, for any reason or no reason.
6. Account Registration and Security
6.1. Account Creation: To access certain features of the Service, such as making purchases, you may be required to register for an account (“Account”). When you register for an Account, you agree to: (a) provide accurate, current, and complete information as prompted by any registration forms on the Service (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
6.2. Account Security: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. Sharing of accounts is strictly prohibited. You must notify us immediately at [email protected] upon becoming aware of any breach of security or unauthorized use of your Account.
6.3. Account Responsibility: You are solely responsible for all activities that occur under your Account, whether or not you authorized that activity. We will not be liable for any loss or damage arising from your failure to comply with the above requirements, such as your failure to keep your password confidential or for unauthorized purchases made using your account, unless such loss or damage is directly caused by our gross negligence or willful misconduct.
6.4. Account Suspension/Termination: We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you violate these Terms.
7. Intellectual Property Rights & License Grant
7.1. Our Intellectual Property: Unless otherwise indicated, the Service itself, including the Site design, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (“Our Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Our Content and the Marks are provided on the Service “AS IS” for your information and personal use only.
7.2. Limited License to Use Service: Provided that you are eligible to use the Service and comply with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and to download or print a copy of any portion of Our Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, Our Content and the Marks. This license is revocable at any time without notice and with or without cause.
7.3. User Content Ownership: You retain ownership of any intellectual property rights that you hold in the User Content you submit, post, or display on or through the Service.
7.4. License Grant to Us for User Content: By submitting, posting, or displaying User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, providing, promoting, and improving the Service and developing new ones. This license allows us to:
a) Display your User Content on the Service (e.g., product reviews).
b) Technically modify your User Content as necessary to conform and adapt it to the technical requirements of networks, devices, services, or media (e.g., resizing images).
c) Use your User Content for promotional or marketing purposes related to the Service (e.g., featuring a positive review in marketing materials), subject to your privacy settings where applicable.
This license continues even if you stop using our Service, particularly with respect to aggregated and anonymized data derived from your User Content and any residual backup copies of your User Content made in the ordinary course of our business. You also grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.
7.5. Feedback: If you provide us with any feedback, suggestions, improvements, or ideas regarding the Service (“Feedback”), you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, incorporate, and exploit such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7.6. Copyright Infringement (DMCA Notice – Primarily for US Compliance): We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; (5) a statement that you have 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 (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Payment Terms / Billing
8.1. Product Purchases: The Service allows you to purchase Products. By placing an order through the Service, you represent and warrant that you have the legal right to use the payment method(s) provided.
8.2. Pricing: All prices for Products are listed on the relevant product pages and during the checkout process. Prices are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices listed do not typically include taxes or shipping and handling charges, which will be added to your total price and itemized in your shopping cart and order confirmation email, unless otherwise stated.
8.3. Payment Methods: We accept various payment methods as indicated during the checkout process (e.g., Visa, MasterCard, American Express, PayPal). You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service.
8.4. Payment Processing: We use third-party payment processors (e.g., Stripe, PayPal) to handle payment transactions. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for any errors or issues caused by the payment processors. By submitting your payment information, you grant us the right to provide the information to these third parties for purposes of facilitating the completion of your purchase.
8.5. Authorization: You authorize us (and our third-party payment processors) to charge your selected payment method for the total amount of your order, including the price of the Products, applicable taxes, and any shipping and handling charges.
8.6. Taxes: You are responsible for paying all applicable sales taxes, use taxes, value-added taxes (VAT), goods and services taxes (GST), and any other governmental taxes, fees, or duties associated with your purchase based on the shipping address and as required by law. We will collect these taxes where legally obligated to do so. For international shipments, you may also be responsible for import duties and customs fees levied by the destination country.
8.7. Order Acceptance and Cancellation: Our acceptance of your order will take place when we email you to accept it (Order Confirmation), at which point a contract will come into existence between you and us. We reserve the right to refuse or cancel any order for any reason, including but not limited to: Product availability, errors in the description or price of the Product, error in your order, suspected fraud or unauthorized or illegal transaction, or other violations of these Terms. If we cancel your order after payment has been processed, we will issue a refund to your original payment method.
8.8. Shipping: Shipping and handling charges depend on the shipping method selected and the destination. Estimated delivery times are provided for informational purposes only and are not guaranteed. Risk of loss and title for Products purchased pass to you upon our delivery to the carrier. Please refer to our separate Shipping Policy for more details.
8.9. Returns and Refunds: Your satisfaction is important to us. Please review our Return and Refund Policy, which is incorporated into these Terms by reference, for details on how to return eligible Products and request refunds. EU consumers have specific withdrawal rights under distance selling regulations, which are addressed in our Return and Refund Policy.
8.10. Billing Information: You must provide and maintain current, complete, and accurate billing and Account information. You must promptly update all information to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
9. Third-Party Services and Links
9.1. Third-Party Integrations: The Service may contain links to third-party websites, applications, or services that are not owned or controlled by us (e.g., payment gateways like Stripe/PayPal, social media logins like Google/Facebook Sign-In, analytics providers like Google Analytics, shipping carriers). The Service may also allow you to integrate or use services provided by third parties.
9.2. No Endorsement or Responsibility: We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.
9.3. Third-Party Terms: You acknowledge and agree that your use of any third-party services is governed by the terms and conditions and privacy policies of those third parties. You are responsible for reviewing and complying with any such third-party terms. We expressly disclaim any liability arising from your use of any third-party website, service, or content.
10. Termination
10.1. Termination by Us: We may, in our sole discretion, suspend or terminate your access to all or part of the Service, including your Account, with or without notice, for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Common reasons for termination include:
a) Breaches or violations of these Terms or other incorporated agreements or guidelines.
b) Requests by law enforcement or other government agencies.
c) Discontinuance or material modification to the Service (or any part thereof).
d) Unexpected technical or security issues or problems.
e) Extended periods of inactivity (e.g., 12 months).
f) Engagement by you in fraudulent or illegal activities.
g) Nonpayment of any fees owed by you in connection with the Services (if applicable).
Where feasible and legally permissible (especially for EU consumers unless the breach is severe or repeated), we may provide prior notice of termination or suspension.
10.2. Termination by You: You may terminate your agreement to these Terms at any time by ceasing all use of the Service and, if you have an Account, by deleting your Account through the account settings interface (if available) or by contacting us at [email protected] and requesting account deletion.
10.3. Effect of Termination: Upon termination of your Account or access to the Service for any reason:
a) Your right to use the Service will immediately cease.
b) We may, in our sole discretion, delete your Account, Registration Data, and any User Content associated with your Account. However, we may retain certain information as required by law, for legitimate business purposes (like record-keeping, accounting, fraud prevention), or as part of our standard backup procedures. Please see our Privacy Policy for more information on data retention.
c) Any provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
d) Any outstanding payments owed to us will become immediately due.
11. Disclaimers
11.1. “AS IS” and “AS AVAILABLE”: THE SERVICE, INCLUDING THE SITE, OUR CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
11.2. No Warranty of Accuracy or Reliability: WE DO NOT WARRANT THAT THE SERVICE, OUR CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
11.3. User Content Disclaimer: WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING OUR SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE.
11.4. Jurisdictional Limitations: SOME JURISDICTIONS (SUCH AS CERTAIN EU MEMBER STATES) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, ESPECIALLY IF YOU ARE A CONSUMER. FOR CONSUMERS IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
12. Limitation of Liability
12.1. Exclusion of Certain Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE.
12.2. Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR PRODUCTS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
12.3. Basis of Bargain: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
12.4. Exceptions: THE LIMITATIONS SET FORTH IN THIS SECTION 12 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE COMPANY OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE IN SOME JURISDICTIONS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
a) Your violation of these Terms of Service;
b) Your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms;
c) Your violation of any law or the rights of a third party (including intellectual property rights, privacy rights, or property rights);
d) Any negligent or wrongful conduct by you.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Governing Law and Dispute Resolution
14.1. Governing Law: These Terms and your use of the Service, including any purchases made through the Service, and any disputes arising out of or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by and construed in accordance with the laws, excluding its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
14.2. Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us at [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, you or the Company may bring a formal proceeding.
14.3. Binding Arbitration and Class Action Waiver
a) Agreement to Arbitrate: You and Caisv (“Company”) agree that any claim, dispute, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service or purchase of Products (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.
b) Exceptions: As limited exceptions to Section 14.3(a) above: (i) both parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) both parties retain the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
c) Arbitration Rules and Forum: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Unless you and the Company agree otherwise, the arbitration hearing will take place in the county (or parish) where you reside, provided such location is reasonably convenient for both parties, or at another location determined in accordance with the AAA Rules. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable.
d) Arbitrator’s Authority: The arbitrator will have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this arbitration provision, including the enforceability, revocability, scope, or validity of the arbitration provision or any portion of the arbitration provision. However, the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
e) NO CLASS ACTIONS: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
f) WAIVER OF JURY TRIAL: YOU AND THE COMPANY 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 the Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.3(b) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms 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.
g) Fees: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
h) Severability and Fallback: If any portion of this Section 14.3 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14.3 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14.3; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. If the entirety of this Section 14.3 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section shall govern any action arising out of or related to these Terms, and you hereby waive any objection to jurisdiction and venue in such courts.
14.4. EU Online Dispute Resolution (ODR): If you are a consumer residing in the European Union, you have the right to address any dispute through the EU Online Dispute Resolution platform developed by the European Commission. You can access the ODR platform here: https://ec.europa.eu/consumers/odr. We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but we are willing to do so if required by law or mutually agreed upon.
15. Miscellaneous
15.1. Entire Agreement: These Terms, together with our Privacy Policy, Shipping Policy , Return and Refund Policy, and any other legal notices or terms published by us on the Service, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Service.
15.2. Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The remaining provisions of the Terms will continue in full force and effect.
15.3. No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
15.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.5. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15.6. Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
15.7. Notices: We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For contractual purposes, you consent to receive communications from us electronically.
15.8. Language: These Terms are written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.
15.9. No Relationship: No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Service.
15.10. Contact Information: If you have any questions about these Terms, please contact us at: Email:[email protected]