Last Updated: March 21, 2023
Welcome to the Caserta Company! (
“Caserta”) is an education technology company
and management consulting firm focused on college and graduate school admissions, professional development services,
career coaching services, and business advisory services, accessible through its network of websites (collectively,
the “
Site”) and mobile webapps (collectively, the “
Application”) (together, the “
Services”).
Throughout these Terms of Service (“
Terms”), the terms “
Caserta”, “
our”, “
us”, and/or “
we” refer to the Caserta
Company. The terms “
you” and/or “
your”
refer to any visitor of the Site and/or the Application and any user of the Services, including any Client (as
defined below). These Terms govern your access to and use of the Services and Collective Content (defined below),
and constitute a binding legal agreement between you and Caserta.
Please read these Terms our
Privacy Policy, all of which are
incorporated herein by reference and govern your access to and use of the Services. The Services are offered and
available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of
legal age to form a binding contract with Caserta and meet the foregoing eligibility requirements. If you do not
meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of
a company or other legal entity, you represent and warrant that you have the authority to bind that party to these
Terms and, in such event, “you” and “your” will refer and apply to that party.
AND AGREE THAT BY ACCESSING OR USING THE SERVICES(INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO
THESERVICES), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS ANDPOLICIES REFERENCED IN THESE TERMS. THIS
APPLIES WHETHER OR NOT YOU HAVEREGISTERED ON OR THROUGH THE SERVICES. IF YOU DO NOT AGREE, THEN YOU HAVENO RIGHT TO
ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH IN SECTION 26 BELOW WORKS.
We reserve the right, at our sole discretion to modify, suspend, discontinue, or terminate the Services or any
content, feature or material we provide thereon, or to modify these Terms, at any time and without prior notice, and
have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the
Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all
parts of the Services to users, including Clients. You agree that it is your responsibility to monitor changes to
our Services. If we modify these Terms we will post the modification on the Site or via the Application and/or
provide you with notice of the modification. By continuing to access or use the Services thereafter, you are
indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your
only recourse is to cease using the Services.
1.“
Collective means, collectively, Caserta Content and User/Affiliate/Partner
Content.
2.“
Content” means text, graphics, images, music, software (excluding the
Application), audio,
video, information, memos, or other materials.
3.“
Caserta Content” means Content that Caserta makes available through the
Services
including any Content licensed from a third party, but excluding Client Content.
4.“
Client” means a business, person, or client that completes Caserta’s form
registration
process, as described under the “Form Registration” section below.
5.“
Client Content” means Content that a Client posts, uploads, publishes,
submits or transmits
to Caserta to be made available through the Services.
To access certain features of the Services and to post any Client Content thereon, you must submit a form to engage
Caserta and become a Client. You may register directly via the Site or Application. During the registration process,
you will be required to provide certain information and may be asked to sign an Independent Contractor Agreement
(“Agreement”). You agree that all information you provide to engage Caserta (and/or for any subsequent activity or
interaction with Caserta and the Services), including through the use of any interactive features on the Services,
is governed by our Privacy Policy, and you consent to all actions we take with respect to your information or
information you provide, consistent with our Privacy Policy.
You agree to provide accurate, current, and complete information during the registration and onboarding process and
to update such information to keep it accurate, current, and complete. We reserve the right to temporarily suspend
or permanently terminate your Client account if any information provided during the registration process or
thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password,
if applicable, and you agree that you will not disclose it to any third party. You agree that you are solely
responsible for any activities or actions under your Account, whether you authorized them or not. You will
immediately notify us of any unauthorized use of your Account. We have the right to disable any user name, password
or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of these Terms.
By submitting payment details in conjunction with engaging Caserta and/or purchasing Services, you agree to pay for
the services purchased and any applicable taxes and other fees that may accrue, and authorize us to charge the
payment method with the information you have supplied to us, and/or to credit such payment method to make any
adjustments if necessary. We reserve the right to correct any errors in pricing. We have the right to refuse any
order, for any reason.
The Services and Collective Content are each protected by copyright, trademark and other laws of the United States
and foreign countries. You acknowledge and agree that the Services and Collective Content, excluding your specific
Client Content, including all associated intellectual property rights, are the exclusive property of Caserta, its
licensors, and/or other providers of such material. Other than expressly stated herein, there are no implied
licenses granted under these Terms. You will not remove, alter, or obscure any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the Services or Collective Content. Additionally
Caserta is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on
the Services, including the Caserta name and logo, and all related names, logos, product and service names, designs
and slogans. You agree to not use such marks without Caserta’s prior written permission. Any other trademarks,
service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks
of their respective parties.
- License Grant. Subject to the terms and conditions of these
Terms, Caserta grants you: (a) a non-transferable, non-exclusive, revocable, limited license, with no right to
sublicense, to use and access the Services, and to view any Collective Content to which you are permitted access
solely for the purposes set forth in these Terms; and (b) a limited non-exclusive, revocable, non-transferable
license to download and install a copy of the Application on your device solely in connection with your use of
the Services.
- Restrictions. Except as otherwise stated, the rights granted
herein are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer,
assign, distribute, host or otherwise commercially exploit the Services or Collective Content; (b) you shall not
copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly
perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or
transmit any of the material or content on our Services; and (c) you shall not interfere with or circumvent any
feature of the Services, including any security or access control mechanism, in whole or in part, except as
permitted in these Terms. Except as expressly granted in these Terms, no licenses or rights are granted to you
by implication or otherwise under any intellectual property rights owned or controlled by Caserta, its licensors
or others. If you violate the rights of Caserta, its licensors or others, your right to use the Services will
stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
We may, in our sole discretion, permit Clients to post, upload, publish, submit or transmit Client Content to us. By
providing or otherwise making Client Content available to Caserta on or through the Services, you hereby grant to
Caserta a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to
sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast and otherwise exploit such Client Content on, through or by means of the
Services and/or any of Caserta’s advertising, marketing, publicity or other initiatives or events. Caserta does not
claim any ownership rights in any Client Content and nothing in these Terms will be deemed to restrict any rights
that you may have to use and exploit any Client Content.
You acknowledge and agree that you are solely responsible for any and all Client Content that you make available
through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner
of all such Client Content or you have all rights, licenses, consents and releases necessary to grant to Caserta the
rights in such Client Content as contemplated under these Terms; and (b) neither the Client Content or any portion
thereof nor your posting, uploading, publication, submission or transmittal of the Client Content or Caserta’s use
of the Client Content (or any portion thereof) on, through or by means of the Services and/or third party platforms
will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or
other intellectual property rights, or rights of publicity or privacy, or contain libelous, misleading, or otherwise
unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any
way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree
that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or
third parties as to the origin of any posts. You are solely responsible for any Client Content you make and its
accuracy. Caserta takes no responsibility and assumes no liability for any Client Content posted by you or any third
party, and you agree to indemnify Caserta per the terms of the Indemnification section herein.
You represent that you are entitled to grant Caserta access to, or otherwise make available, your Social Media
Accounts and the content therein for the purposes described herein, without breach by you of any of the terms and
conditions that govern your use of the applicable Social Media Account, and without obligating Caserta to pay any
fees or making Caserta subject to any usage limitations imposed by such social media service providers. Depending on
the Social Media Accounts you choose and subject to the privacy settings that you have set in such Social Media
Accounts, personally identifiable information that you post to your Social Media Accounts will be available on and
through your account on the Services.
Please note that if a Social Media Account or associated service becomes unavailable for any reason, then the Social
Media Account Content that was available from such Social Media Account will no longer be available on and through
the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL MEDIA SERVICE PROVIDERS ASSOCIATED WITH YOUR SOCIAL
MEDIA ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA SERVICE PROVIDERS. Caserta makes no
effort to review any Social Media Account Content for any purpose, including for accuracy, legality or
non-infringement and Caserta is not responsible for any Social Media Account Content. Caserta may, however, at any
time and without prior notice, screen, remove, disable or block any Social Media Account Content that in Caserta’s
sole judgment violates these Terms or is otherwise objectionable.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“
Feedback”). You acknowledge and agree that if you submit any Feedback to us
(through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable,
fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights
that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback
for any purpose.
The information presented on or through the Services is made available solely for general information purposes. We
do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be
informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users, Clients,
bloggers and third party licensors. All statements and opinions expressed in these materials, and all articles and
responses to questions and other Content, other than the Content provided by Caserta, are solely the opinions and
the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the
opinion of Caserta. We are not responsible, or liable to you or any third party, for the content or accuracy of any
materials provided by any third parties.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Caserta is not
responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the Content,
products or services on or available from such websites or resources. Links to such websites or resources do not
imply any endorsement by Caserta of such websites or resources or the Content, products or services available from
such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any
such websites or resources or the Content, products, or services on or available from such websites or resources.
Also, Apple Inc. (“
Apple”) and Google, Inc. will be a third party beneficiary
to these Terms if you access the Services using applications developed for Apple iOS or Android, respectively. These
third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the
Services in any manner. Your access to the Services using these applications or devices is subject to terms set
forth in their respective terms of service and privacy policies.
This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that
these Terms are between you and Caserta only, not with Apple, and Apple is not responsible for the Services or the
content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the
Services. If the Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund
any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable
law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing
any claims by you or any third party relating to the Services or your possession and/or use of the Services,
including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or
regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not
responsible for the investigation, defense, settlement and discharge of any third party claim that the Services
and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to
comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party
beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed
to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third
party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or
rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law
or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is
defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred,
harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or
actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or
substances.
- Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services,
Caserta’s name, any Caserta trademark, logo or other proprietary information, or the layout and design of any
page or form contained on a page, without Caserta’s express written consent or as enabled by features made
available by Caserta (e.g., widgets) (you may link to Caserta’s homepage, so long as you do not imply or suggest
any form of association, approval or endorsement on our behalf without our express written consent but you may
not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates
these Terms);
- Access, tamper with or use non-public areas of the Site or Application, Caserta’s computer systems or the
technical delivery systems of Caserta’s providers;
- Attempt to probe, scan, or test the vulnerability of any Caserta system or network or breach any security or
authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure
implemented by Caserta or any of Caserta’s providers or any other third party (including another user) to
protect the Services or Collective Content;
- Attempt to access or search the Services or Collective Content or download Collective Content from the
Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots,
crawlers, data mining tools or the like) other than the software and/or search agents provided by Caserta or
other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters
or other form of solicitation to, through, or with any assistance from, the Services;
- Use any meta tags or other hidden text or metadata utilizing a Caserta trademark, logo URL or product name
without Caserta’s express written consent;
- Use the Services or Collective Content in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in
any way use the Services or Collective Content to send altered, deceptive or false source-identifying
information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to
provide the Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a
virus, overloading, flooding, spamming or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Site,
Services or Application without their express permission and in a manner that does not violate Caserta’s Privacy
Policy;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party to do any of the foregoing.
Caserta will have the right to investigate and prosecute violations of any of the above to the fullest extent of the
law. Caserta may involve and cooperate with law enforcement authorities in prosecuting users who violate these
Terms. You acknowledge that Caserta has no obligation to monitor your access to or use of the Services or Collective
Content, or to review or edit any Collective Content, but has the right to do so for the purpose of operating the
Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or
the order or requirement of a court, administrative agency or other governmental body. Caserta reserves the right,
at any time and without prior notice, to remove or disable access to any Client Content or Collective Content that
Caserta, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
Caserta reserves the right to cooperate fully with law enforcement, and to involve and share information with law
enforcement, governmental agencies or other oversight bodies if Caserta suspects illegal activity may be taking
place
Caserta, and those acting on Caserta’s behalf, may contact you by telephone or text message (including through use
of an automatic telephone dialing system) at the phone numbers you have provided to us. These messages may include
operational messages about your use of the Service. You understand that you are not required to consent to
communications as a condition of purchasing any property, goods or services. You may opt out of receiving telephone
calls or text messages from us at any time, either by texting the word “STOP” in response to a text message received
from us using the mobile device that is receiving the messages. You may continue to receive text messages for a
short period while Caserta processes your request, and you may also receive text messages confirming the receipt of
your opt-out request. Opting out of receiving operational text messages may impact the functionality of the
Services. Standard data and message rates may apply whenever you send or receive such messages, as specified by your
carrier.
Caserta respects copyright law and expects its users to do the same. It is Caserta’s policy to terminate, in
appropriate circumstances, Clients or other account holders who infringe or are believed to be infringing the rights
of copyright holders.
All information we collect about you when you register for Services or use or visit the Services is subject to our
Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions
taken by us in accordance with it.
If you breach any of these Terms, Caserta will have the right to suspend or disable your Account or terminate these
Terms, in its sole discretion and without prior notice to you. Caserta reserves the right to revoke your access to
and use of the Services and Collective Content at any time, with or without cause. In the event Caserta terminates
these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at
any time by sending an email to info@casertacompany.com.
THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, CASERTA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
USAGE OF TRADE. CASERTA MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE
AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. CASERTA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY
PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM CASERTA OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE SERVICES. YOU UNDERSTAND THAT CASERTA DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE
SERVICES, NOR DOES CASERTA MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. CASERTA MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR
FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Caserta, and its parent, subsidiaries, affiliates, partners, successors,
and assigns, and each of their owners, members, officers, directors, employees, agents, representatives,
contractors, subcontractors, licensors, service providers and third party content providers, harmless from any
claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and
accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or
the rights of a third party, and/or your use of the Services, including your Client Content.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS
TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER CASERTA NOR ANY OTHER PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR
FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS
OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF
YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT CASERTA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A
LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL CASERTA’S
AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES OR COLLECTIVE CONTENT EXCEED US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN CASERTA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to
its conflict of laws provisions. The exclusive jurisdiction and venue of any action or court proceeding permitted
under these Terms will be the state and federal courts located in Delaware and each of the parties hereto waives any
objection to jurisdiction and venue in such courts.
You may not assign or transfer these Terms, by operation of law or otherwise, without Caserta’s prior written
consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.
Caserta may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing,
these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to
these Terms, will be in writing and given: (a) by Caserta via email (in each case to the primary account email
address that you provide); (b) by posting to the Site; or (c) via the Application. For notices made by email, the
date of receipt will be deemed the date on which such notice is transmitted.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.
You and Caserta agree that any dispute, claim or controversy arising out of or relating to these Terms or the
breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively,
“
Disputes”) will be settled by binding arbitration, except that each party
retains the right to: (a) bring an individual action in small claims court; (b) the right to seek injunctive or
other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual
property rights; (c) pursue an enforcement action through the applicable federal, state or local agency if that
action is available; and (d) seek injunctive relief in a court of law in aid of arbitration.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND CASERTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Caserta otherwise agree in writing, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this
specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed
void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination
of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“
AAA”) in accordance with the Commercial Arbitration Rules (the “
AAA Rules”) then in effect, except as modified by this “Dispute Resolution”
section. The parties agree that the Federal Arbitration Act applies and will govern the interpretation and
enforcement of this Arbitration Agreement.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand
for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an experienced (15+
years practicing) attorney licensed to practice law in the state of Delaware.
Arbitration Location and Procedure. Unless you and Caserta otherwise agree, the arbitration will be conducted in the
county where you reside. If your claim does not exceed US$10,000, then the arbitration will be conducted solely on
the basis of documents you and Caserta submit to the arbitrator, unless you request a hearing or the arbitrator
determines that a hearing is necessary. If your claim exceeds US$10,000, your right to a hearing will be determined
by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange
of information by the parties.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The
arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.
Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award
damages must be consistent, to the extent permitted by law, with the terms of the “Limitation of Liability” section
above as to the types and the amounts of damages for which a party may be held liable.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in
the AAA Rules. If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and
costs in order for this Dispute Resolution provision to be enforceable, then we will have the right to elect to pay
the fees and costs and proceed to arbitration.
Changes. Notwithstanding the provisions of the “Modification” section above, if Caserta changes this “Dispute
Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these
Terms), you may reject any such change by sending us written notice (including by email to info@casertacompany.com)
within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the
date of Caserta’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will
arbitrate any Dispute between you and Caserta in accordance with the arbitration provisions of this “Dispute
Resolution” section (however entitled) as of the date you first accepted these Terms or accepted any subsequent
changes to these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Caserta and you regarding the
Services and Collective Content, and these Terms supersede and replace any and all prior oral or written
understandings or agreements between Caserta and you regarding the Services and Collective Content.
The failure by Caserta 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 such right or provision will be effective only if in
writing and signed by a duly authorized representative of Caserta. Except as expressly set forth in these Terms, the
exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies
under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these
Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or
“including” means “including, but not limited to”. Provisions that by their nature are intended to survive the
termination of these Terms or your use of the Services will survive.
If you have any questions about these Terms, please contact Caserta at
info@casertacompany.com.
