Terms and Conditions
TERMS AND CONDITIONS
Last updated and effective: June 2026
TERMS OF USE AND CONDITIONS OF SALE
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11 and 12). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
IMPORTANT DISCLOSURE: USE OF CERTAIN LODGE PRODUCTS
IT IS ESSENTIAL FOR INDIVIDUALS TO PRIORITIZE THEIR PERSONAL SAFETY AND ALWAYS FOLLOW THE INSTRUCTIONS WHEN USING OUR PRODUCTS. LODGE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INJURIES, OR LOSSES RESULTING FROM YOUR MISUSE OF ANY OF OUR PRODUCTS. USERS ASSUME FULL RESPONSIBILITY FOR THEIR SAFETY AND THE OUTCOMES OF ANY SITUATIONS IN WHICH OUR PRODUCTS ARE EMPLOYED. BY USING ANY OF OUR PRODUCTS, YOU ACKNOWLEDGE AND ASSUME THE INHERENT RISKS OF SUCH PRODUCTS AS SET FORTH IN THEIR USER MANUALS. SEE OTHER LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.
Your use of https://www.lodgecastiron.com including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Lodge Manufacturing Company (“Lodge” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://www.lodgecastiron.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TERMS
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy may be viewed at https://www.lodgecastiron.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) committing any other unlawful act.
Lodge reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Lodge’s rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Lodge may take any other actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
For our non-OEM customers, you further agree that any products or services you purchase from Lodge on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. ACCOUNTS; MOBILE TERMS AND CONDITIONS
(a) Account Creation. In order to use certain features of the Website, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. Children under the age of eighteen (18) shall not use, access, or place orders on the Website. You acknowledge that you must be at least eighteen (18) years old to create and maintain an Account on the Website. You may be asked to create a username, a password, and to provide important contact information. If you register for an Account, you agree to: (i) submit truthful and accurate information; and (ii) you will update your information to maintain the accuracy of such information on an ongoing basis. You may delete your Account at any time, for any reason, by emailing us at info@lodgecastiron.com. We may, at our sole discretion, suspend or terminate your Account for any reason, without prior notice.
(b) Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information, and you agree not to provide any other person with access to the Website through use of your Account login information. You are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You shall never use another user’s Account for any reason without that user’s prior written permission. You may not transfer or assign your Account without first obtaining our express, written permission. YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR THE UNAUTHORIZED USE OF YOUR ACCOUNT.
(c) Mobile Terms and Conditions. Lodge offers its customers and users of the Website the opportunity to participate in Lodge’s mobile text program to receive certain messages from Lodge, including, but not limited to, mobile offers, customer support, and updates. By participating in the Lodge mobile text program and signing up for mobile offers, support services, and updates, you consent to receive future recurring automated marketing text messages to the mobile number provided, and agree that you will not send any prohibited or offensive content to Lodge. Message and data rates may apply. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). To opt-in, text LODGE to 37380. You’ll receive messages from Lodge, including promotions, events, and information about our products. Message frequency varies. Message and data rates may apply. By opting in, you authorize Lodge to deliver marketing messages using an automatic telephone dialing system and consent to these Terms. YOU ARE NOT REQUIRED TO OPT IN AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM LODGE.
To get help, text HELP to 37380. Message and data rates may apply.
To be removed from the Lodge mobile text program, you must text STOP to 37380 to opt-out. Message and data rates may apply. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Additionally, we may provide our customers the opportunity to chat with our customer care team via text message. This process will apply to customers who reach out to our support or customer care team, and will not involve any marketing messages, provided that the same terms applicable to mobile messaging set forth herein will continue to apply. Customers will be provided the opportunity to opt-in to text messaging as an alternative to other support methods, and may opt-out at any time as instructed.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the mobile program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
6. THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
7. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return, or exchange only according to our Return and Refund policies as set herein and at or in your order confirmation.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
9. ORDER PLACEMENT; ACCEPTANCE; SHIPPING; Returns
Some of our products may be subject to the Lodge Made Right Limited Lifetime Warranty. For more information, please visit https://www.lodgecastiron.com/pages/lodge-promise.
(a) Product Availability. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available at any particular time. Products included on the Site may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Site. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. In no event will anything contained in these Terms or any area of the Site be construed as a representation or guarantee with respect to any content, services or products. We do not guarantee the accuracy, completeness or usefulness of any descriptions or other content. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made on the Site by any third party, including but not limited to, on the Forums. In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer or to cancel any order, including after it is submitted.
(b) Order Acceptance. The Site may provide an invitation for you to make us an offer to buy the items described. When you submit an order, it constitutes an offer to us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation email. These automatic order confirmation emails do not constitute our acceptance of the offer, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
(c) Promotions and Coupons. Without limiting the foregoing, we reserve the right to refuse or cancel any order placed using any coupon, discount or promotion (“Coupon”) that is erroneous in any way and/or was not distributed to you, as evidenced by our records. The coupon or promotion may be subject to additional or different terms (“Coupon Terms”), and the Coupon Terms control over these Terms. If there are no Coupon Terms, these Terms apply, and the Coupon: (a) is valid only at the website identified in the Coupon and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law; and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping or any value added service. We reserve the right to limit, change or cancel any Coupon or associated order, without prior notice, even after you have attempted to redeem the Coupon or placed your associated order.
(d) Secure Ordering. Prices shown on a product’s information page do not include any credit card or other processing fee, sales tax, or shipping fees, which will be added to your total amount owed at the time of payment processing. By placing an order on the Website you agree to pay the final total amount shown upon checkout. Lodge uses Secure Socket Layer (SSL) technology for secure Internet transactions. All of your information is encrypted. To protect your information once it is received by Lodge, firewalls are designed to keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters “https” (rather than “http”) located in the URL address window at the top of your browser will indicate that you are using a secure browser. The Site connects you to a third party site to enable you to pay for your order. Your use of such third-party site is subject to your assent to these Terms herein and any terms or policies provided by the third-party processing feature through the Site. Lodge is not liable for any errors or incomplete payment processing resulting from your use of the third-party payment processing website. By placing an order on our Site, you represent and warrant that you are authorized to use the payment card, that the information is correct, and that you authorize Lodge and its third-party payment processor to charge, place a hold, and collect all unpaid charges related to your purchase.
(e) Shipping. In the event that we are unable, in accordance with standard common courier policies or due to supply shortage for any reason, to effect delivery at the address provided by you within thirty (30) days of shipment, we may elect to cancel your order. With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If you have a shipping claim to file for a Lodge order, contact info@lodgecastiron.com, and a Customer Care Associate will assist you with filing the claim with the carrier. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website.
(f) Order Cancellation and Returns. Once an order has been submitted on the Website, it cannot be canceled or altered. For information on product returns, please see https://www.lodgecastiron.com/contact.
(g) Custom Ordering. Subject to the above terms and conditions, Lodge may from time to time offer customizable products for sale on the Website. More information can be found at the links for those products on the Website. It is very important to carefully review your custom design before purchasing. We will NOT be able to return items due to mistakes in your reviewed and submitted design. Further, if your design does not meet our guidelines, we have the right to cancel the order. All submissions are subject to the use restrictions contained herein, and we will not allow profanity, hate speech, sexual content, violence, plagiarism, political language, registered trademarks, or any other objectionable words or phrases. Lodge has the right to reject and cancel any order that does not adhere to our order guidelines or these Terms. At Lodge, we believe in protecting creativity and intellectual property — yours and ours. Anything you submit for customization will only be used to make your order. You may only submit content that complies with our guidelines and these Terms, which prohibit profanity, objectionable words or phrases, or anything with a registered trademark. It is your responsibility to only submit content that you have permission to use. If we receive a DMCA notice, EU illegal content notice, or any similar legal request regarding your submitted content, we may be required to discontinue processing your order. If Lodge provides “templates” for custom orders, Lodge shall own and retain all right, title, and interest in and to said templates, but you will own the final design you create. Nothing herein, nor any custom order, grants you any right in or to Lodge’s intellectual property. We are unable to guarantee exact shipment times, but we will update you once we receive your order and when your order ships. All custom products are considered final sale. We will NOT be able to accept returns of custom products. Please triple check your custom design before purchasing, including for typos and dates. We cannot accommodate changes once the order has been placed. LODGE RESERVES THE RIGHT TO REJECT ANY NON-COMPLIANT CONTENT AND CANCEL YOUR ORDER. FAILURE TO ADHERE TO THESE TERMS AND THE CUSTOM ORDERING GUIDELINES MAY RESULT IN YOU BEING PROHIBITED FROM ORDERING ANY CUSTOM PRODUCTS OR ACCESSING THE SITE. ALL ORDERS ARE SUBJECT TO THESE TERMS.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Lodge, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL LODGE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER LODGE HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, LODGE IS FOUND LIABLE UNDER ANY THEORY, LODGE’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER LODGE WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND LODGE ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, LODGE’S PRIVACY POLICY OR TERMS, LODGE’S ADVERTISING OR MARKETING PRACTICES, OR LODGE’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF TENNESSEE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND LODGE AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT LODGE’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT LODGE HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF TENNESSEE FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF LODGE’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH LODGE’S WEBSITE BY SENDING A LETTER TO: LODGE ATTN. LEGAL DEPARTMENT, 204 E 5TH ST, SOUTH PITTSBURG, TN 37380, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Lodge, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
15. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
16. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Lodge is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Lodge may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Lodge’s products or services, in printed and online media, as Lodge determines in its absolute discretion. These testimonials do not represent the generally expected user experience.
17. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
Lodge Manufacturing Company[JA1]
Attn: DMCA/Copyright Agent
204 E 5th St, South Pittsburg, TN 37380
Tel: 1 (833) 563-4387
Email: info@lodgecastiron.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Lodge or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Lodge, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by Lodge, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Lodge.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by Lodge or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Lodge. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Lodge may revoke any of the foregoing rights at any time. You may not, without Lodge’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Lodge. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Lodge or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Lodge. Lodge prohibits the use of any Lodge logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Lodge in writing.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Lodge and its affiliates may, in their sole discretion, and without prior notice or consent, assign or transfer these Terms, in whole or in part, including all rights and obligations hereunder, to any affiliate or to any third party including, but not limited to, in connection with a merger, acquisition, sale of assets, financing, reorganization, or other transfer of some or all of Lodge’s business or otherwise. You expressly consent to any such assignment, including the assignment of Lodge’s rights to receive payment and to enforce your payment obligations to Lodge. Any permitted assignee may further assign such rights and obligations without additional notice to or consent from you. Payment made by you in good faith to an authorized assignee in accordance with the payment instructions provided to you will fully satisfy your corresponding payment obligations to Lodge.
No waiver by Lodge of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Lodge to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 2-7, 12-15, 17-22, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Lodge and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
The Website includes capabilities for you to submit information in order to apply for a job with Lodge. Any job-related information does not represent an offer for a position, and no obligation is assumed or implied on the part of Lodge by receipt or examination of your information or application. To the extent you provide any information, including personal information, you acknowledge that by submitting any job related information or documents, you have read, understand, acknowledge and agree to these terms of use and the privacy policy, and you represent and warrant that such information is only your own information, and the use of such information by Lodge will not violate the rights of any third parties or violate any applicable law. You are solely responsible for and hereby warrant that the information you submit is accurate and does not contain any misrepresentations or fraudulent information.
24. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase. Additional information can be located on our Website.
Lodge Manufacturing Company
Email: info@lodgecastiron.com
Tel. 1 (833) 563-4387