ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY
Permitted Users of this Website
This Website is intended to be used and accessed only by persons who are 21 years or older. You agree that by using this Website you represent that you are at least 21 years old and that you are legally able to enter into this Agreement. Use of the Website by persons under 21 is strictly prohibited.
Rights to Contents and Intellectual Property
The Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Lowell or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Lowell or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Copyright © Cypress Manufacturing Co. All rights reserved.
LOWELL DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the maximum extent permitted by applicable law, Lowell expressly disclaims all warranties of any kind with respect to the Website, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Lowell has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. We make no representation that the Website is appropriate or available for use in locations other than the United States. If you choose to access or use the Website from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.
Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Website, and any other damage that may be incurred.
No advice or information, oral or written, obtained by you from Lowell or in any manner from the Website creates any warranty.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Lowell, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other Websites from, this Website. You acknowledge by your use of the Website, that your use of the Website is at your sole risk. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
Compliance with Laws
In connection with your access to and use of the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
Disputes; Governing Law
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the following paragraphs carefully because they require you to arbitrate disputes with Lowell and limit the manner in which you can seek relief from us.
Applicability of Arbitration Agreement
Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
Place. The place of arbitration shall be in Los Angeles County, California, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
- Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Your access and continued use of the Website signifies your explicit consent to this waiver.
At its sole discretion, Lowell may modify or discontinue the Website, or may modify or terminate your account or your access to this Website, for any reason, with or without liability to you or any third party.