THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Acceptance of the Terms of Use

These Terms of Use (“Terms”) are a legal agreement entered into by and between you and Casely, Inc. (“Casely,” “we,” “our,” or “us”). The Terms, together with any documents they expressly incorporate by reference, govern your access to and use of https://getcasely.com, including any content, documentation, software, text, images, video, audio, and website offered on or made available through https://getcasely.com (the “Site”), whether as a visitor or registered user.

Please read these Terms carefully. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms and any additional terms that may be provided or presented to you when you use certain features of the Site, and acknowledge that any personal information used by us for your use of the Site is subject to our Privacy Policy. If you do not agree to be bound by these Terms, do not access or use the Site, create an account, make a purchase through the Site, or otherwise indicate that you agree to these Terms.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in the Mandatory Arbitration and Class Action Waiver and Governing Law sections will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. You waive any right to receive specific notice of each such change with the exception of material changes. If a material change is made to the Terms of Use, you will receive reasonable notice of the change.

Changes to the Site

We reserve the right to withdraw or update the Site, and any service or product we provide on the Site, in our sole discretion without notice. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. We will not be liable for any reason if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

Age Requirements

By using our Site, you represent and warrant that you are: (a) over 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) of legal age to form a binding contract; and (c) not a person barred from using the Site under the laws of your country of residence or any other applicable jurisdiction.

Accessing the Site

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

You may browse the Site without registering, but some features or functionality may not be accessible unless you register. In registering for the Site, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form; and (ii) maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that you have done so, we may suspend or terminate your account. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are fully responsible for all activities that occur under your account. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Deleting Your Account

You may terminate your account and stop using the Site at any time by emailing us at: help@getcasely.com.

Account Suspension

We reserve the right to suspend or delete your account at any time, without notice, and at our sole discretion. The suspension or deletion of your account does not entitle you to any claims for compensation, damages, or reimbursement. The suspension or deletion of your account does not exempt you from paying any applicable fees or prices.

Terms of Sale, Subscriptions, and Returns

Casely maintains a Terms of Sale that describes our current commercial terms, subscription options, and return policy. These Terms of Sale are incorporated into these Terms by reference and are set out in full in the “Terms of Sale” section below.

Third-Party Services

The Site may provide links to other websites or resources. Casely does not endorse and is not responsible for any third-party content, advertising, products, services, or other materials on or available through such sites or resources. These sites are subject to different terms and conditions of use, which you are responsible for reviewing. Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Site are solely between you and the advertiser or other third party. You agree that Casely is not liable for any damage or loss of any kind incurred as a result of any such dealings.

We utilize certain third-party services to operate our Site and provide you with certain functions such as order tracking, subscription management, and SMS notifications. Your use of our Site and additional functions are also governed by the provider’s terms of use, including the following:

• We utilize Gorgias as our customer service platform. To view Gorgias’ Terms of Service, click here.
• If you are part of our influencer campaigns, your actions are subject to Grin’s Influencer Terms of Use, which you can review here.
• We utilize Recharge to manage the subscriptions offered on our Site. To review Recharge’s Terms of Service, click here.
• You can receive updates on your purchases through Wonderment. Their Terms of Service can be reviewed here.

Content

All information, data, text, software, music, sounds, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Site, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Casely, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available through the Site (“Your Content”), and other users of the Site, and not Casely, are similarly responsible for all Content they upload, post, transmit, or otherwise make available through the Site (“User Content”).

Casely has no obligation to pre-screen Content (which includes without limitation Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse, or remove any Content. Without limiting the generality of the foregoing sentence, we have the right to remove any Content that violates these Terms. We do not warrant the accuracy, completeness, or usefulness of Content. Any reliance you place on such information is strictly at your own risk.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any Content (including Your Content) for any or no reason in our sole discretion.
• Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Casely.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS CASELY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all Your Content and use of any interactive services to submit Your Content to the Site. Your Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Your Content must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without express authorization to do so.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Feedback

If you elect to provide or make available to Casely any suggestions, comments, ideas, improvements, or other feedback relating to the Site (“Feedback”), you grant us the right to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

Prohibited Uses

In connection with your access to and use of the Site, you will not:

• upload, post, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships; (iii) infringes any intellectual property or other right of any party; (iv) contains software viruses or any harmful code, files, or programs; or (v) consists of information that you know or have reason to know is false or inaccurate.
• impersonate any person or entity, including without limitation Casely personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• act in a manner that negatively affects the ability of other users to access or use the Site;
• take any action that imposes an unreasonable or disproportionately heavy load on the Site or its infrastructure;
• sell, rent, share, transfer, trade, loan, or sublicense any portion of the Site, including without limitation your user account and password;
• violate any applicable federal, international, state, or local law or regulation;
• except as expressly permitted by applicable law, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Site;
• frame or utilize any framing technique to enclose any Content;
• remove, alter, or obscure any copyright, trademark or other proprietary notices that appear within the Site;
• modify copies of any Content;
• use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
• access the Site for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Site or any products or services offered by Casely.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Casely. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Intellectual Property Rights

Unless subject to a separate written agreement with us, Casely does not claim ownership of Your Content. However, you grant us and our service providers a worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made your Content (in any form and any medium, whether now known or later developed) in connection with the Site.

Except with respect to Your Content, Casely and our licensors own all right, title, and interest in the Site and all Content and other materials within the Site. The Casely logos and trademarks referenced in the Site are the trademarks of Casely and our affiliates. Any other company names, product names, service names, and logos referenced in the Site may be the trademarks of their respective owners. Casely reserves all rights not expressly granted to you.

To the extent the Site provides access to any online software or other similar components, then Casely grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software or components only in connection with the Site.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that Content available for downloading from the Site will be accurate, harmless, or error-free. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CASELY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER CASELY NOR ANY PERSON ASSOCIATED WITH CASELY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CASELY NOR ANYONE ASSOCIATED WITH CASELY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Casely, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Casely Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site other than as expressly authorized in these Terms, except to the extent caused by the Casely Parties’ gross negligence, fraud, or intentional misconduct.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CASELY PARTIES WILL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SITE OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, EVEN IF CASELY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CASELY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, OR ANY WEBSITES LINKED TO IT, EXCEED THE GREATER OF $25 OR THE AMOUNT PAID BY YOU TO CASELY FOR ACCESS TO THE SITE (OR PORTION THEREOF) AT ISSUE WITHIN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law

Your access to and use of the Site and all other matters relating to or arising from the Site and these Terms will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of Kings. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Mandatory Arbitration and Class Action Waiver

YOU AND CASELY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules then in effect (the “AAA Rules”), except as modified by this Arbitration section. (The AAA Rules are available at adr.org) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that this arbitration provision or these Terms of Use are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of the date the claim arises. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR CASELY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any part of this arbitration provision is found unenforceable, the unenforceable part will be severed and the remaining arbitration terms will be enforced.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Copyright

If you believe that your work or content has been made available through the Site in a way that constitutes copyright infringement, please provide Casely’s Agent for Notice of Copyright the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works; (iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit us to locate the material (or the reference or link); (iv) contact information for the copyright owner or authorized agent; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. It is the policy of Casely to terminate the user accounts of repeat infringers in appropriate circumstances.

Notices

Any notice pursuant to these Terms, including any Copyright Claims and any notice required under the arbitration set forth above shall be sent to:

Casely, Inc.
c/o Registered Agent Solutions, Inc.
99 Washington Ave., Ste. 700, Albany, NY, 12260

Miscellaneous

These Terms constitute the entire agreement between you and Casely concerning your access to and use of the Site. They supersede all prior or contemporaneous oral or written negotiations and agreements between you and Casely with respect to their subject matter. You may not assign, transfer, or delegate any right or obligation under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation by you in violation of this Section is null and void in each instance. We may assign or transfer these Terms to any affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets without your consent. The failure of Casely to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision will be construed, limited, modified, or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms.

Contact Us

The Site is operated by Casely, Inc. If you have any questions or concerns related to these Terms or the Site, please contact us at: help@getcasely.com

1. Your Rights and Obligations

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through https://getcasely.com (the “Site”). These Terms are subject to change by Casely, Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CASELY, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms are an integral part of the Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 12).

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Casely, Inc. and you will not take place unless and until you have received your order confirmation email. You can modify your order only within one (1) hour of the order being placed. After one (1) hour, we do not accept any requests for modifications.

3. Prices and Payment Terms

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PayPal, Amazon Pay, and Afterpay, and credit cards via ShopPay and Stripe, for all purchases. We may update this list as we may determine from time to time. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

You may use services like AfterPay to pay for merchandise in installments. You acknowledge and agree that until payment of the total purchase price is received in full, any merchandise ordered shall remain the property of Casely, Inc. You further agree to pay all applicable fees associated with such installment payment services and to return any unpaid merchandise promptly upon request by Casely, Inc. or the applicable payment service provider.

4. Coupon Codes

Casely, Inc. may offer certain coupon codes, discounts, rewards and promotions from time to time. Coupon codes may or may not apply to merchandise that is already on sale or to certain styles. To receive a discount, coupon codes must be applied at checkout. Coupon codes are subject to the following restrictions: (i) if you fail to apply a coupon code at checkout, we are able to apply the coupon code only within twelve (12) hours after placing the order; (ii) only one coupon code may be used per purchase; and (iii) coupon codes cannot be applied to previous purchases placed more than twelve (12) hours before a request to apply the coupon code is received, nor can they be retroactively applied after an order has been shipped.

5. Gift Cards

Gift cards may be redeemed in the same manner as coupon codes. During checkout, enter the gift card code in the discount code field and click the arrow to apply the gift card amount to your order. Gift cards cannot be combined with coupon codes or any other promotional discounts.

Expiration

Gift cards and the underlying funds shall not expire for a period of at least five (5) years from the date of issuance or last load of funds, whichever is later. If the physical or electronic gift card expires before the underlying funds, you may obtain a replacement card at no additional charge by contacting our Customer Service Department.

Fees

No dormancy, inactivity, or service fees shall be charged on any gift card unless (i) there has been no activity on the gift card for a period of at least twelve (12) months, and (ii) only one such fee may be charged per month. Any applicable fees, including the amount, frequency, and conditions under which such fees may be imposed, shall be clearly disclosed prior to purchase and on the gift card or accompanying materials.

No Cash Value

Gift cards have no cash value and may not be redeemed for cash, except as required by applicable law. Gift cards are non-transferable and may only be used by the original purchaser or designated recipient.

Lost or Stolen Cards

Casely, Inc. is not responsible for lost, stolen, or damaged gift cards, except as required by applicable law. Replacement cards may be issued at our sole discretion upon verification of the original purchase.

6. VIP Rewards Program

Program Overview

Casely, Inc. may offer a VIP Rewards Program (the “Rewards Program”) that allows registered customers to earn credits (“Casely Credits”) for certain activities and redeem those credits for rewards, discounts, and merchandise. Casely Credits are awarded to registered accounts only. The Rewards Program is subject to the terms and conditions set forth in this Section 6 and may be modified or discontinued at any time in our sole discretion.

Earning Casely Credits

You may earn Casely Credits through the following activities: (i) registration; (ii) social media engagement; (iii) referrals; and (iv) purchases.

You must be logged into your registered account to redeem Casely Credits. Casely Credits may be redeemed for coupon codes that can be applied to your order at checkout. Such coupon codes are valid for one (1) purchase only and cannot be combined with other offers unless otherwise specified.

Rewards Program Restrictions

The following restrictions apply to the Rewards Program:

• Casely Credits have no cash value and may not be redeemed or exchanged for cash;
• Casely Credits are non-transferable and may only be redeemed by the account holder who earned them;
• Casely Credits may expire if not redeemed within a specified time period, as determined by Casely, Inc. in its sole discretion;
• Casely, Inc. reserves the right to modify the number of Casely Credits required for rewards, the rewards available, and the methods for earning Casely Credits at any time without prior notice;
• Casely, Inc. reserves the right to suspend or terminate your participation in the Rewards Program if it suspects fraudulent activity, abuse of the Rewards Program, or violation of these Terms;
• Casely Credits earned through referrals shall only be awarded upon completion of a qualifying purchase by the referred customer;
• Casely, Inc. reserves the right to impose limits on the number of Casely Credits that may be earned or redeemed within any specified time period.

Program Modifications and Termination

Casely, Inc. reserves the right to modify, suspend, or terminate the Rewards Program at any time, with or without notice, in its sole discretion. In the event of program termination, you shall be afforded a reasonable opportunity to redeem any accrued Casely Credits, the duration and terms of which shall be determined by Casely, Inc. in its sole discretion.

7. Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Deliveries are made to the address indicated by you and in the manner specified in the order summary. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Risk of loss passes to you upon our transfer of the products to the carrier. Except as otherwise provided in Section 3(c) with respect to installment payment arrangements, title to the products shall also pass to you upon such transfer. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Upon delivery, you must verify the contents of the shipment and report any discrepancies or anomalies without undue delay using the contact details provided in this document or as described in the delivery documentation. You may refuse to accept any package that is visibly damaged at the time of delivery.

Casely, Inc. shall not be liable for delivery errors due to any inaccuracy or incompleteness in the information provided by you in connection with your order or for any loss, damage, or delay occurring after transfer of the products to the carrier. If you fail to receive or collect the merchandise within the time period specified, the merchandise shall be returned to Casely, Inc., and we will contact you to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any subsequent delivery attempt shall be at your sole expense.

8. Returns and Refunds

Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund or store credit, subject to the following conditions: (i) merchandise must be returned within thirty (30) days of the order date; (ii) merchandise must be unused and in perfect condition; and (iii) merchandise must be accompanied by the original product packaging.

For returns within the United States, pre-paid return labels will be provided free of charge for returns for store credit, or with a five dollar ($5.00) handling fee for returns for a cash refund. International orders (outside the United States) will not receive a prepaid shipping label and you are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Original shipping charges are non-refundable.

Refunds are processed within two (2) to three (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We do not offer refunds on any products designated on this Site as final sale or non-returnable.

9. Exchanges

Except for any products designated on the Site as final sale or non-returnable, we will accept an exchange of products, subject to the following conditions: (i) merchandise must be exchanged within thirty (30) days of the order date; (ii) merchandise must be unused and in perfect condition; and (iii) merchandise must be accompanied by the original product packaging. Exchanges are processed within two (2) to three (3) business days of our receipt of your merchandise. Original shipping charges are non-refundable. For exchanges within the United States, pre-paid return labels will be provided free of charge. International orders (outside the United States) will not receive a prepaid shipping label and you are responsible for all shipping and handling charges on exchanged items. Each order may only be exchanged once. We do not offer exchanges on any products designated on this Site as final sale or non-returnable.

10. Limited Warranty

The terms of this limited warranty are set forth in this Section 10. In the event of any conflict between this Section 10 and any warranty terms published elsewhere by Casely, Inc., the terms of this Section 10 shall control.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MANUFACTURING, MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE.

WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10, EACH PRODUCT AND SERVICE IS PROVIDED SOLELY ON AN “AS IS” BASIS AND WE MAKE NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in manufacturing, materials and workmanship in products and services purchased from the Site.

What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

• transportation;
• storage;
• improper use;
• failure to follow the product instructions or to perform any preventive maintenance;
• combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Casely, Inc.;
• unauthorized repair;
• normal wear and tear;
• cosmetic damage, including but not limited to scratches, dents and broken plastic, unless failure has occurred due to a defect in manufacturing, materials or workmanship;
• excess moisture;
• insects;
• power surges;
• connections to improper voltage supply;
• unauthorized alteration, modification, or repair of original condition;
• loss of, damage to or corruption of stored data; or
• external causes such as accidents, abuse, fire, lightning, earthquake, or other actions or events beyond our reasonable control.
• damages caused by inadequate packing or shipping procedures;
• damages caused by use with non-Casely, Inc. products;
• products that require modification or adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and/or authorized, or repair of products damaged by such modifications;

What Is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one (1) year (the “Warranty Period”). Replacement or repaired products are warranted under this Section 10 only for the remainder of the original applicable Warranty Period. Re-performed services are warranted under this Section 10 only for the remainder of the original applicable Warranty Period. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, repair or replace such products (or the defective part) free of charge using new or refurbished parts with the same or products of similar styles (depending on availability). Casely, Inc. will make every effort to replace Limited Edition/Specialty Products or discontinued products but cannot guarantee their availability for replacement. Any CASELY Limited Edition/Specialty Products or discontinued product still under its applicable warranty that cannot be replaced with an identical product will be replaced with the equivalent model based on availability. Replacement with the same color cannot be guaranteed. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. For purposes of this Limited Warranty, “refurbished” means a product or part that has been substantially returned to its original specifications.

Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY, AND THE LIABILITY OF OUR DISTRIBUTORS AND SUPPLIERS, WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE OR OUR DISTRIBUTORS OR SUPPLIERS UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. WITHOUT LIMITING THE FOREGOING, WE HAVE NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO YOUR ELECTRONIC DEVICES OR OTHER PERSONAL PROPERTY THAT ARE CONTAINED INSIDE OR OUTSIDE OUR PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, SMARTPHONES, CELLULAR PHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF DATA CONTAINED IN THE FOREGOING DEVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

How Can You Submit a Warranty Claim?

You can submit a warranty claim by emailing us at help@getcasely.com. Any warranty claims must be made by the customer no later than sixty (60) calendar days after the expiration of the applicable Warranty Period. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, we may ask that you return the product to us for inspection. Casely, Inc. reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.

What Can You Do in Case of a Dispute with Us?

The informal dispute resolution procedure detailed in Section 15 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

11. Goods Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

12. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

13. Force Majeure

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party.

14. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

15. Dispute Resolution and Binding Arbitration

Any arbitration under this provision shall be governed by the Federal Arbitration Act (“FAA”); no state laws regarding arbitration procedures shall apply.

Before either party initiates arbitration, that party must contact the other party by sending a written notice of the dispute. If you provide such a notice to us, your notice must identify your name and address (including email address), and describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation. You must sign the notice, and if you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to the attorney any information relevant to resolving your claim. Each side must negotiate in good faith to resolve the claim for a period of sixty (60) days before initiating arbitration proceedings. Any limitations period shall be tolled for this sixty day period. Failure to comply with any of the provisions in this paragraph is grounds for dismissal of any arbitration proceeding as set forth in the following paragraph.

ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU OR WE MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be ADMINISTERED by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its CONSUMER ARBITRATION RULES AND MASS ARBITRATION SUPPLEMENTARY RULES. IF THERE IS A CONFLICT BETWEEN THIS ARBITRATION PROVISION AND THE AAA RULES, THIS ARBITRATION PROVISION WILL GOVERN. The AAA’s rules are available at http://www.adr.org/. The arbitration WILL be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE, YOU SHALL REIMBURSE US FOR ANY COSTS OR FEES PAID BY US ON YOUR BEHALF. The decision of the arbitrator WILL be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN KINGS COUNTY IN THE STATE OF NEW YORK. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notwithstanding anything to the contrary, Casely, Inc. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

16. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

17. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Casely, Inc.

18. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

19. Notices

To You

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us

To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Casely, Inc., c/o Registered Agent Solutions, Inc., 99 Washington Ave., Ste. 700, Albany, NY 12260. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

20. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

21. Entire Agreement

These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.