TERMS OF SERVICE
Welcome to Faraway Forge!
By purchasing any products from Faraway Forge, by using any of Faraway Forge’s services or products, or by accessing any areas of the www.farawayforge.com website (“Website”), you agree to be legally bound and to abide by the terms and conditions set forth below (these “Terms of Service”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms and may change at any time at the discretion of the site owner and operator.
THESE TERMS OF SERVICE GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
www.farawayforge.com is owned and operated by Faraway Forge LLC, a Massachusetts (USA) limited liability company. Any references herein to Faraway Forge LLC, Faraway Forge, www.farawayforge.com, “I,” “Company,” “we,” “our,” or “us,” shall be deemed to refer to www.farawayforge.com and/or Faraway Forge LLC, as applicable under the circumstances.
- OUR PRODUCTS; TERMS OF SALE
Our Products. Faraway Forge offers a variety of merchandise, including, but not limited, to: apparel, accessories, knives, “YouTube Builds,” and other related products (“Products”), through this Website.
Payment. All amounts due for purchases of Company products are payable in full at the time of purchase.
Your Account. When you make a purchase from this Website, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account. Company does not assume responsibility for any misuse or unauthorized use of your account.
Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order in line for shipment.
Pricing and Availability. All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider and financial institution. Company is not responsible for such fees and will not reimburse you for any such fees incurred. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Payment Terms. Company currently accepts American Express, MasterCard, and Visa credit and debit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit or debit card or PayPal account and authorize us to charge your order (including taxes, shipping, and handling) to that card or through PayPal. If the card or PayPal account cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically.
Chargeback Policy. All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on this Website. In the event you pay for Company products by credit or debit card or PayPal and subsequently “charge back” your purchase through your merchant account provider, Company reserves the right to terminate these Terms of Service and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit or debit card or PayPal account was used fraudulently, please seek out proper remedies through financial or other institutions.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD OR PAYPAL ACCOUNT ON THIS WEBSITE. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD OR PAYPAL CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS WEBSITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK, IN ADDITION TO ANY AMOUNT CHARGED US BY THE CREDIT OR DEBIT CARD COMPANY OR PAYPAL FOR SUCH CHARGEBACK, BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT OR DEBIT CARD OR PAYPAL ACCOUNT OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
Shipping Terms and Policies. We will inform you of when you should expect your Product at time of purchase as shipping times can vary based on the Product purchased and its availability. All shipping times are estimates and are not guaranteed.
All shipping charges are your responsibility, unless waived by Company. Shipping charges will be included on your receipt and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from Company to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped under any circumstances.
For full shipping policy, click here.
Back Orders. If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
Errors. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing, or other information on this Website is accurate, complete, current, or error-free. If a product offered by Company is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on this Website, in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
- TRADEMARKS AND SERVICE MARKS
Faraway Forge is a trademark of Faraway Forge LLC and/or its affiliates. All rights are reserved. These and other Company graphics, logos, service marks, and trademarks of Faraway Forge, LLC and its affiliates may not be used without the prior written consent of Faraway Forge LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Website or in any materials relating to our Products are the property of their respective owners.
- DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of Company’s Products is at your sole risk. Neither Faraway Forge LLC nor its affiliates, nor any of the Company’s members, managers, owners, officers, directors, employees, agents, third-party content providers, merchants, licensees, licensors, assigns, subsidiaries, suppliers, partners, advertisers, sponsors, or affiliates, including, without limitation, all parties involved in creating, producing, and/or delivering this Website and/or products and/or contents available on this Website, and/or payments made through the Website (collectively “Providers”), or the like, warrant that this Website will be uninterrupted or error free, nor do they make any warranty as to any of Company’s products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website.
YouTube Builds Disclaimer. The items (“YouTube builds”) as represented on Faraway Forge’s respective YouTube Channel, known as Faraway Forge, and made available for sale on the Website, are solely artistic representations, or art pieces, and serve no other purpose, and shall not be used as functional tools or weapons under any circumstances. The pieces will be delivered in the exact condition as seen in the associated YouTube video. Evidently, many of these pieces are extremely fragile and require proper handling and care at all times in order to preserve their artistic value.
If you, as a buyer, are not sure or unaware of the laws surrounding the possession or ownership of any of the items on sale on the Website, you bear the entire responsibility of knowing, understanding, and abiding by all applicable laws at all times relating to possession and ownership. As a buyer, you hereby agree by purchasing any item on the website, that you will ascertain, and obey, all applicable local, state, federal, and international laws in regard to possession and ownership of such item. By purchasing any item from the Website—the buyer warrants compliance with all local, state, federal and international law, and that the buyer is legally able to purchase such items from the Website. Faraway Forge LLC disclaims any and all liability related to improper, illegal, unintended use or modification of weapons sold through our website. The buyer, any user or participant, assumes all risk of injury from any use.
Disclaimer of Warranties. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH COMPANY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH COMPANY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) COMPANY OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY’S PRODUCTS, WITH THE EXCEPTION OF EXPLICITLY STATED PRODUCT WARRANTIES, AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS WEBSITE, ARE GENERALLY PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
For more information on product warranties, click here.
Limitation of Liability and Indemnification. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL COMPANY OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, COMPANY, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH COMPANY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY AND ITS PROVIDERS HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT MAY ARISE FROM (A) YOUR USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH THE COMPANY AND (B) YOUR VIOLATION OF THESE TERMS OF SERVICE, AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR CONSENT OF COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
Internet Delays. Use of this website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Company and its providers are not responsible for any delays, delivery failures, or other damage resulting from such problems.
Force Majeure. In addition to any excuse provided by applicable law, Company and its Providers shall be excused from liability for non-delivery or delay in delivery of products or services available through this Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited, to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemics, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Links to Third Party Sites. This Website may contain links to third party sites. These links are provided for convenience purposes and are not under the control of Company. If you choose to link to such third party websites, Company makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming, and conduct of transactions over such sites. Company does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Company disclaims all liability of any kind whatsoever arising out of your use of, or inability to use, such third party websites, the use of your information by such third parties, and the security of information you provide to such third parties.
International Use. Although this Website may be accessible worldwide, those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
- CONTENT AND COPYRIGHT OWNERSHIP
Copyright and Limited License. Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of this Website or Site Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Website, the Site Materials, or any information contained therein, except as expressly permitted on this Website; or (g) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Third Party Site Materials. Company may provide third party content on this Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
Advertisements and Promotions; Third-Party Products and Services. Company may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on this Website.
Non-Affiliation. Some products, or art pieces, as mainly seen in the YouTube Builds, in particular, listed and offered for sale on this Website, may reference to other trademarks or brands that are not directly endorsed by, affiliated, or associated in any way with Faraway Forge LLC. As such, these products, art pieces, and this Website, are not endorsed by, directly associated or affiliated with, maintained, authorized, or sponsored by any other trademarks or brands that are not direct trademarks or brands that are possessed, owned, or created by Faraway Forge LLC.
All product and company names, as well as related marks, emblems, and images, are the registered trademarks of their respective original owners. The use of any trade name or trademark is solely for identification and reference purposes only and does not imply any association or relation to and with the trademark holder of their product brand.
Furthermore, any likeness or similarity related to other trademarks and brands, depicted by the YouTube Builds, and as can be seen both visually, as well as written, is solely intended to be a creative artistic representation and reproduction as permitted by the “fair use” doctrine under Section 107 of the Copyright Act 1976.
- PRIVACY POLICY
In accordance with the terms of Company’s Privacy Policy, Company respects the privacy of its users. To view our Privacy Policy, click here.
- TERMINATION
Notwithstanding any of these Terms of Service, Company reserves the right, without notice and in its sole discretion, to terminate your license to use this Website and to block or prevent your future access to, and use of, this Website at any time.
- APPLICABLE LAW
These Terms of Service and this Website are created and controlled by Faraway Forge LLC, a limited liability company organized in the Commonwealth of Massachusetts, U.S.A. As such, the laws of the Commonwealth of Massachusetts U.S.A., will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts, U.S.A., for any litigation arising out of or relating to use of or purchase made through Company (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the County of Nantucket, in the Commonwealth of Massachusetts, U.S.A., and agree not to plead or claim in any court of the County of Nantucket in the Commonwealth of Massachusetts, U.S.A., that such litigation brought therein has been brought in an inconvenient forum.
- MODIFICATION OF TERMS
We reserve the right to change these Terms of Service at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by posting the revised Terms of Service on this page. You acknowledge and agree that it is your responsibility to review this Site and this Terms of Service regularly and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Terms of Service; and (b) agreement to abide and be bound by the modified Terms of Service.
- DISPUTE RESOLUTION
Please read this dispute resolution section (this “Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 57 Meadow View Drive Nantucket, MA. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 25 miles of the primary office of the Company, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Nantucket County, Massachusetts, for such purpose.
- ELECTRONIC COMMUNICATIONS
The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- GENERAL
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Service. The failure of Company to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
These Terms of Service, together with any applicable policies, comprise the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
- CONTACTING US
If you have any questions about these Terms of Service or your dealings with this Website, please feel free to email us at contactus@farawayforge.com
Thank you for visiting Faraway Forge!