Terms & Conditions

TERMS OF USAGE

IMPORTANT! PLEASE READ CAREFULLY

This Terms of Usage, including, but not limited to, the Copyright Notice, Trademark Statement, Request for Reproduction Permissions, and Text Program Terms contained herein (collectively the "Terms"), constitute a legal agreement between you and W.R. Case & Sons Cutlery Company (hereafter “CASE,” “we,” “us,” and “our”). Please read these Terms carefully before (i) using our Sites (defined below), (ii) using our other online services, software, or apps that post a link to these Terms, and (iii) engaging in our email and/or text programs (collectively, our “Services”). These Terms spell out the terms and conditions to which users of CASE Services are required to adhere. The Case sites include: Case.com; RonsonUSA.com, and any other site in which these terms appear (collectively, referred to herein as "CASE sites" and "Sites"). These Terms do not apply to affiliated websites, products, or services. The Services are operated by CASE in whole or in part, from the United States by our and our subsidiaries and affiliates. By accessing or using our Services, you signify that you have read, understand and agree to be bound by these Terms and any applicable law, whether or not you are a registered user of CASE. CASE reserves the right to change/amend these Terms at any time without notice, effective upon its posting to the Services. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the Services following the posting of the changes to these Terms shall be considered your acceptance to the revised Terms. 

To the extent permitted by law, these Terms affect your legal rights, responsibilities, and obligations and govern your use of the Service, are legally binding, limit our liability to you, and require you to indemnify us, to settle certain disputes through arbitration, and waive jury trial and class actions. If you do not agree to these Terms and do not wish to be bound by them, do not use any of the Services and uninstall Service downloads and applications.

INTERNATIONAL USERS

Our Services are operated, in whole or in part, from the United States. By using any of CASE sites or other Services, regardless of where you live in the world, you consent to have any personal data you submit to any Services transferred to and processed in the United States. CASE does not collect or use personal information from persons located outside the United States. CASE does not ship products to consumers located in any foreign country. CASE reserves the right to refuse shipment of any product for any reason or no reason. 


PRIVACY POLICY

CASE respects the privacy concerns of its customers and users of our Services and has created a privacy statement to explain how we use and protect your personal information. We take reasonable efforts to protect the information you give us. By using our Services, you acknowledge and consent to our data practices as described in our Privacy Policy (as applicable, for U.S.A. and outside U.S.A.).


CONTENTS:

  1. CASE SITES CONTENT AND USER SUBMISSIONS 
  2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS 
  3. TERMS FOR THE ONLINE STORE 
  4. PERSONALIZED KNIVES - USA CONSUMERS ONLY 
  5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS 
  6. LIMITATION OF LIABILITY 
  7. SYSTEM INTEGRITY 
  8. TERMINATION OF USE 
  9. LEGAL STATEMENT 
  10.  COPYRIGHT NOTICE 
  11.  TRADEMARK NOTICE
  12. MESSAGING
  13. DISPUTE TERMS: ARBITRATION; WAIVER OF CLASS ACTION CLAIMS AND JURY WAIVER
  14. CONSENT TO ELECTRONIC CONTACTING AND RECEIVING ELECTRONIC RECORDS
  15. INDEMNITY
  16. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
  17. CONTACT US

 

1. CASE SITES CONTENT AND USER SUBMISSIONS

1.1 The contents of the CASE Services are intended for the personal use of its users. All materials published on our Services (including, but not limited to information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by CASE or the party credited as the provider of such Content, software or other materials. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through our Services.

1.2. Our Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in Section 1 of these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of any Services in whole or in part.

1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from CASE, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.

1.4 By using any Services you agree that any information, feedback, questions, comments and/or submissions to us, the Services, (as discussed below) or the like (not including “Personal Information” discussed above in the Privacy Policy) that you provide to us in connection with any Services ("Submission") will be deemed to be provided to us on a non-confidential and non-proprietary basis. You hereby grant us the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.

1.5 To enable CASE to use the information you supply to us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your information, in any media now known or not currently known, with respect to your information. CASE will only use your information in accordance with our Privacy Policy.

1.6 If you believe that the content of any Submission provided by you, or any Content appearing on a Service, has been used on a Service in a manner that constitutes copyright infringement, please provide our General Counsel with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The email address is legal@caseknives.com.

Our Copyright Agent for notice of claims of copyright infringement on this Service is:

W.R. Case & Sons Cutlery Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
Fax: (814) 363-2691
Telephone: (814) 368-2700
Email: legal@caseknives.com  

2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS


2.1 The Services may make available product reviews and surveys. You shall not upload to, or distribute or otherwise publish in those sections through any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the product reviews and surveys. You agree not to use vulgar, abusive or hateful language. Product reviews and surveys within the Service are provided to give our users interesting and helpful information in which they may express opinions and share ideas concerning CASE products and related matters. CASE does not endorse the opinions placed in these product reviews and surveys.

2.2 The product reviews shall be used by you only in a noncommercial manner. You shall not, without the express approval of CASE, use the product reviews to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote websites or online services that are competitive with CASE and the Service.

2.3 While we do not and cannot review every message posted by users in the Product Reviews and are not responsible for the content of any of these messages, CASE reserves the right to remove messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. CASE reserves the right to revoke a user’s Service privileges and access at any time for any reason or no reason.

General Rules for User-Generated Content

2.4 Guests of CASE Services are solely responsible for the content of messages they post in any Forum, blog, social media site or consumer review. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, phone number) in the previously mentioned content pages and any social network pages where CASE hosts a page or space like Facebook, Twitter, etc., that information can be collected and used by others for any reason.

2.5 Content is Not Prescreened

CASE does not guarantee to prescreen User Generated Content. CASE does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. CASE is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Even in the event CASE chooses to monitor any User Generated Content, CASE assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. CASE reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

2.6 Eligibility and Registration

To post User Generated Content like product reviews and to customize your own product in the online store pages, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the website. This website is intended solely for users who are eighteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the website. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

2.7 CASE's Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to CASE a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

3. TERMS FOR THE ONLINE STORE

3.1 In addition to the provisions contained in these Terms, the following terms apply specifically to the online store, currently located at www.Case.com.

  • By placing an order, you certify that you are able to pay for the item(s) in your order.
  • By placing an order on Case.com (or any other online store operated by CASE, hereafter referred to as “Case.com”) you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address). 
  • If you place an order for flame or fuel products on Case.com you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item. 
  • You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the online store and your purchase of items. 
  • You are responsible for the accuracy of any purchase placed online.
  • We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical. 
  • Due to Hazardous Goods regulations, we may not be able to ship certain merchandise to your address. For instance, we can only ship Multi-Purpose Lighters and other hazardous products by ground and therefore we can’t ship to Hawaii, other islands or Alaska. CASE reserves the right to refuse shipment of any product for any reason or no reason. 
  • CASE does not ship products to any consumer in any foreign country. 
  • We reserve the right to add and/or remove products on Case.com, for any reason, at any time. 
  • We reserve the right to limit quantities of items sold. 
  • You may not transfer or sell your User ID or account to another party. 
  • Unless otherwise stated, all prices are quoted in U.S. Dollars.

Products available from any Service may be advertised on third party shopping websites. CASE is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third-party sites and information on any Service, including, but not limited to pricing information. In the event that a difference exists, information found on the Service shall govern.

All purchases from any Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

4. PERSONALIZED KNIVES - PRODUCT CUSTOMIZATION – USA CONSUMERS ONLY

a) These are Case’s guidelines for personalization intended to be placed on a Case knife or other product.

Consumers that submit text for use by Case to create a personalized product (products may include knives, lighters, etc.) are responsible for making sure the proposed artwork complies with these Guidelines AND all applicable law. By submitting a personalized order, users are confirming the text is their intellectual property to use. Case does not knowingly accept any text that infringes another person’s intellectual property rights. If you believe that text on a Case knife infringes your intellectual property rights or those rights of another person or entity, please email us at: legal@zippo.com

b) QUESTIONABLE MATERIAL & PROHIBITED TEXT

The consumer takes full responsibility for any text presented to Case. Case reserves the right to review it to determine if (to the extent it is possible to do so), text that can be used without violation of some other person’s intellectual property rights or applicable law. However, the fact that we accept the text does not mean Case or any other person or entity excuses you from your obligation.

Text that appears to be acceptable for use will be accepted. Content that appears to be not acceptable will be rejected, subject to the consumer providing proof of right to use.

c) GENERAL GUIDELINES FOR PERSONALIZATION TEXT

Below are some general types of text that is not acceptable for decoration of Case products: Whether text is acceptable for application on a Case knife or other product is determined solely by Case. Summary of personalization that will not be acceptable:

  • Text that may infringe the copyright of a third party
  • Text that may infringe the trademark of a third party
  • Text that infringes the Right of Publicity of a third party
  • Names, logos, etc., or other intellectual property of musical groups or musical artists
  • Sports teams names, logos or other intellectual property of colleges/universities, clubs, or organizations, such as New York Yankees, Real Madrid, Notre Dame, or a non-profit organization – e.g. the Red Cross
  • Trademarks, names, or logos of companies. For example, you cannot use the name of a company such as Case or a company logo such as the Case logo
  • Text depicting celebrities or other third parties
  • Text that is obscene or vulgar, contains offensive remarks or harasses, threatens, defames or abuses others, or is racist or Nazi
  • Text that depicts violence, is obscene, abusive, fraudulent or threatening
  • Text that glamorizes drug use or alcohol abuse; or
  • Material that is generally offensive or in bad taste, as determined by Case in its sole discretion

The list is not exhaustive. It is only a general guideline for you to consider when you submit artwork to Case.

If your personalization text is deemed by Case to be unacceptable, your full order will be cancelled and the authorization on your credit card for the order will be removed. If you paid with an eGift card, the order total will be returned to the balance of your eGift card.

5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

5.1 A Service may contain links to other internet sites. Your selection of a link will redirect you off of the CASE Service to a third-party website. Interactions that occur between you and the third-party website are strictly between you and such third-party website and are not the responsibility of CASE. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these linked sites. CASE does not assume any liability or responsibility for the actions, product, availability or content of these outside websites. You should direct any concerns regarding any externally linked website to the administrator or webmaster of the third-party website.

6. LIMITATION OF LIABILITY

6.1 NEITHER CASE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, OR ANY OF THE MATERIALS PROVIDED BY CASE OR THIRD PARTIES THROUGH ANY OF THE SERVICES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF CASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

6.2 To the fullest extent permissible under applicable law, W.R. Case & Sons Cutlery Company aggregate liability, and the aggregate liability of our subsidiaries, affiliates and officers, to you or any third party is limited to One Thousand U.S. Dollars ($1000).

7. SYSTEM INTEGRITY

You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of any Service or any transaction conducted on such Service. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.

8. TERMINATION OF USE

8.1 CASE may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Services for any or no reason, including, without limitation, breach of these Terms or the infringement of copyrights owned by third parties.

8.2 CASE, including, without limitation, its authorized agents and employees may terminate your use of any of the Services without notice in the event that you breach any obligation in these Terms, including but not limited to, (i) restricting, inhibiting or disrupting any CASE event or (ii) attempting to alter or improperly access any feature or function of any of the Services. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Service or any CASE employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Service activities; post unsolicited advertising; or improperly impersonate a CASE employee or other individual.

9. LEGAL STATEMENT

9.1 These Terms have been made in and shall be construed and enforced in accordance with Pennsylvania and Federal law without regard to any conflict of law provisions. CASE makes no representation that the Content on the Services is appropriate for access outside of the United States. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws.

9.2 Official correspondence must be sent via postal mail or express service to:

W.R. Case & Sons Cutlery Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701

9.3 These Terms constitute the entire agreement between you and CASE with respect to your access and use of the Services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and CASE with respect to the Services. If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. CASE may assign these Terms (i) to any of its affiliates; (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of CASE; or (iii) in connection with the sale of any of the Services or the business unit associated with the Services.

10. COPYRIGHT NOTICE

Copyright © 2024 W.R. Case & Sons Cutlery Company, All rights reserved. The material on the Services may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of W.R. Case & Sons Cutlery Company.

11. TRADEMARK STATEMENT

CASE, CASE XX, TESTED XX, XX, CASE COLLECTORS CLUB and various other marks used herein  are registered trademarks in the United States and in many countries. The listed Trademarks are used in the United States under license of W.R. Case & Sons Cutlery Company. The Multi Purpose Lighter shape is a patented design in the U.S.A. and is a registered design in many countries. All Case lighter decorations are protected by copyright © W.R. Case & Sons Cutlery Company 2024. All Rights reserved.

No material found or located on the CASE Services may be, downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of CASE.

You may write or fax the General Counsel of W.R. Case & Sons Cutlery Company to seek permission at this address:

W.R. Case & Sons Cutlery Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
Fax: 814 363-2691

12. MESSAGING

12.1 Text Messages. You may be given opportunities to subscribe to various text marketing or other text messaging programs operated by CASE and by doing so, you agree to our Text Program Terms available here. The provisions of these Terms, including but not limited to the mandatory arbitration of Disputes, class action waiver, and jury waiver, apply to our Text Program Terms.

12.2 Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails.  This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited.  Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

13. DISPUTE TERMS: ARBITRATION; WAIVER OF CLASS ACTION CLAIMS AND JURY WAIVER

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

13.1 Generally. You and we (referred to individually in this Section 13 as “party” and collectively as “parties”), each agree that any and all controversies, disputes, allegations, or claims at law or equity that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms (“Dispute”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, and governed by the laws of the State of Pennsylvania as set forth in this Section 13 (this “Arbitration Agreement”). You and CASE agree that we intend that this Section 13 satisfies the “writing” requirement of the Federal Arbitration Act. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and we agree that we intend for this Arbitration Agreement to satisfy the writing requirement of the Federal Arbitration Act, 9 U.S.C. §1, et seq.

Informal Dispute Resolution First.

(i) You and we agree that, prior to initiating an arbitration or other legal proceeding, you and we will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against us, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of our General Counsel at 33 Barbour Street
Bradford, PA 16701.

(ii) Your Notice to us must contain all of the following information: (1) your full name, address, and the email address and phone number associated with your use of the Services or that you have otherwise used to transact with us; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing us to disclose information about you to your attorney.

(iii) After receipt of your Notice, you and we shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor we may initiate an arbitration or other legal proceeding.

(iv) If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.

13.2 Arbitration

(i) Arbitration Procedures. The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

(ii) Conducting Arbitration and Arbitration Rules. Unless you give us notice of opt-out within five (5) business days of your first use of the Service which is addressed to W.R. Case & Sons Cutlery Company, 33 Barbour Street, Bradford, PA 16701, Attention: General Counsel, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Arbitration Agreement, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in  Bradford, Pennsylvania before a single arbitrator. If the matter in dispute is between CASE and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer, you have the right to an in-person hearing.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based, the arbitrator shall not have the power to award punitive and consequential damages.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in the United States District Court for the Western District of Pennsylvania and/or the Appellate Court of the State of Pennsylvania in McKean County, if sought by CASE, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the Dispute under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the United States District Court for the Western District of Pennsylvania and/or the Appellate Court of the State of Pennsylvania in McKean County or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

(iii) An arbitration demand filed with JAMS must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution requirements and other requirements set out in this Arbitration Agreement.

(iv) If JAMS fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.

13.3 Additional Procedures for Multiple Case Filings.

(i) Multiple Case Filings. You and we agree that these “Additional Procedures for Multiple Case Filings” in this Section shall also apply if you or we are subject to twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of either the same law firm or law firms acting in coordination (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources. The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing, including any applicable statutes of limitations and the requirement to file within one (1) year, shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider.

(ii) STAGE ONE: If at least twenty-five (25) disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing.

(iii) STAGE TWO: If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (twenty-five (25) per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two). Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your dispute and are not enforceable, then, notwithstanding this Section 13, your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

(iv) Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.

13.4 Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. For claims under $10,000, we will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator. For the global mediations to resolve Multiple Case Filings (if any) that take place according to this Section, we will pay the mediator’s fee.

13.5 Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims brought by either you or we: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

13.6 Class Action Waiver.  As permitted by applicable law, both you and CASE waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Arbitration Agreement is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

13.7 Jury Waiver.  AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

14. CONSENT TO ELECTRONIC CONTACTING AND RECEIVING ELECTRONIC RECORDS

When you use our Service, including signing up to receive email or text messages, you consent to receive electronic records from us and consent to us contacting you electronically.  We will try to promptly respond to all inquiries, but we are not obligated to do so.  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.  You agree that any time you electronically transact, agree or consent via the Service it is intended to be an electronic signature which binds you as if you had signed on paper.  You agree that your use of the Service, other than to read the Terms and Privacy Policy, constitutes agreement to these Terms then posted without further action by you.  In order to withdraw your consent, update your contact information, or obtain paper copies of electronic records, you must contact us as outlined in Section 17, and stop using the Service.  If you withdraw your consent, you will be removed from any email or text message program.  If there is a cost to provide you with paper copies of electronic records, we will disclose that to you prior to sending you electronic records.  Your consent to receive electronic records applies to your use of the Service, including any email or text message programs.  Your devices must be able to review websites and electronic documents, receive email, or receive text messages to receive electronic records, depending on whether you are using the Service, or subscribing to email or text messages.

15. INDEMNITY

As permitted by applicable law, you agree to, and you hereby, defend (if requested by CASE), indemnify, and hold CASE and our direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “CASE Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against CASE Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your Submissions or User Generated Content; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) CASE Parties’ use of the information that you submit to us (including your Submissions and User Generated Content) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by CASE Parties, in the defense of any Claim and Losses.  Notwithstanding the foregoing, CASE Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.  CASE Parties reserve the right to assume the exclusive defense and control of any Claims and Losses.  You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a CASE Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

16. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

16.1 AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  To the fullest extent permissible by applicable law, Case Parties hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, its content, or products or services, except as set forth in subsection 16.3, below.

16.2 EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, CASE] PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

16.3 NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY CASE PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY CASE PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) CASE PARTIES’ LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY CASE PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST CASE PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

17. CONTACT US

If you have any questions about these Terms, please contact us at legal@caseknives.com