SECTION 14 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
- Authority. This Site is intended for use by persons 18 years of age and older. By using this Site, you represent and warrant you (i) are at least 18 years of age, (ii) are a legal resident of the United States, (iii) have not been previously suspended or removed from this Site or engaged in any activity that could result in suspension or removal from the Site, and (iv) have full power and authority to enter into this Agreement and your doing so does not and will not violate any other agreement to which you are a party. If you are using this Site on behalf of a company or other organization, you are entering into this Agreement on behalf of yourself and such organization and you represent and warrant you have the legal authority to bind such organization.
- Changes. The “Last Updated” date below indicates when this Agreement was last changed. We reserve the right to make changes to this Agreement over time and in our sole discretion. If we change the Agreement, we will notify you by any reasonable means, including by updating the “Last Updated” date at the bottom of this Agreement. Any changes to the Agreement will become effective on the “Last Updated” date indicated below but will not apply to any dispute between you and us that arose prior to the date on which the revised Agreement incorporating such changes became effective. If you use the Site following any changes to this Agreement you will be deemed to have accepted such changes.
- Jurisdictional Issues. The Site is controlled and operated from the United States and is not intended to subject Cayamba and/or TOS to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in, and all or certain portions of the Site may not comply with the laws, rules and regulations of, some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We reserve the right to limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Products. Our Site includes listings, descriptions and images of goods (“Products”) made available by Cayamba and/or TOS or by third parties. The availability through the Site of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws regarding the possession, use and sale of any Product.
- Transactions. Through our Site, you are able to purchase certain Products (each purchase, a “Transaction”). In order to finalize a Transaction, you will be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting Payment Information, you authorize us to provide such information to third parties for purposes of facilitating Transactions. Verification of Payment Information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Restrictions. TOS reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to bar any user from making any Transaction; and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Policies. All Transaction made through this Site are subject to this Agreement and TOS’ policies, terms and conditions (“Terms and Conditions”), which can be found here. Your access to, and use of, this Site constitutes your consent to our Terms and Conditions, which are incorporated by reference into this Agreement.
- Rules of Conduct. In connection with the Site, you agree not to:
- Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortuous; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Site for any purpose that is fraudulent or otherwise tortuous or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent.
- Systematically download and store content of the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites’ root directories, TOS grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. TOS reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
- Limited License. Subject to your compliance with this Agreement, and solely for so long as you are permitted by TOS to use the Site, you may view one (1) copy of any portion of the Sites to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.
- Cayamba’s Proprietary Rights. “Teak Outlet Store” is the tradename of, and “Teak Outlet Store” and the “Teak Outlet Store” logo are the trademarks of, Cayamba and may not be used, copied or imitated, in whole or in part, without Cayamba’s prior written consent. Cayamba owns the Site, which is protected by proprietary rights and laws. All trade names, trademarks and logos on the Site not owned by us are the property of their respective owners. Use of our Site does not grant you the right to use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
- DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY: AND (B) CAYAMBA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 10 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE SITE.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CAYAMBA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, please contact us by visiting here and providing a description of such alteration and its location.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: CAYAMBA AND AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SITE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CAYAMBA AND AFFILIATED ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS: (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE: AND (C) THE MAXIMUM AGGREGATE LIABILITY OF CAYAMBA AND AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CAYAMBA TO USE THE SITE; AND (2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CAYAMBA AND THE AFFILIATED ENTITIES.
Applicable law in states other than Florida, if any, may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
- Indemnity. To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold harmless Cayamba and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or any portion thereof; and (b) any violation or alleged violation of this Agreement by you.
- Termination. This Agreement is effective until terminated. Cayamba may terminate or suspend your use of the Site at any time and without prior notice, including if Cayamba believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Cayamba may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Sections 1-12 and 14-16 shall survive any expiration or termination of this Agreement.
- Governing Law; Arbitration. This Agreement is governed by the laws of the United States (including federal arbitration law) and the State of Florida, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. While we hope that we never have a dispute with you, BY USING OR ACCESSING THIS SITE OR MAKING A PURCHASE FROM CAYAMBA OR TOS, YOU AGREE THAT ALL DISPUTES WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, INCLUDING ISSUES OF ARBITRABILITY, SHALL BE EXCLUSIVELY RESOLVED THROUGH FINAL AND BINDING ARBITRATION CONDUCTED BY ARBITRATION RESOLUTION SERVICES, INC. (“ARS”) INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU AND CAYAMBA AGREE TO BE BOUND BY ANY AND ALL RULES OF, AND ANY AWARD/DECISION RENDERED BY, ARS. ARS’ RULES CAN BE FOUND AT WWW.ARBRESOLUTIONS.COM. BECAUSE WE KNOW THAT TRAVEL MAY NOT BE CONVENIENT FOR YOU, ARS PROVIDES FOR DECISIONS BASED ON WRITTEN SUBMISSIONS OR TELEPHONIC HEARINGS. YOU AGREE THAT CAYAMBA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. IF AN IN-PERSON HEARING OCCURS, SUCH HEARING WILL ONLY TAKE PLACE IN MIAMI, FLORIDA. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
- Information or Complaints. If you have a question or complaint regarding this Site, please contact us. Please be aware that you should not include credit card information or other personal or sensitive information in any email communications because such communications are not necessarily secure.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Cayamba or TOS. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated by reference herein, is the entire agreement between you and Cayamba relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Cayamba relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Cayamba will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Last Updated: May 4, 2020