The CastrosCigarBar.com website (the “Site” or "Website") is operated by Castro's Cigar Bar LLC, which includes Castros On Scottsdale LLC, ("Castro's," "our," or "we") provides services to you subject to the notices, terms and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time.

By using our website(s), services, mobile services, telephonic and other electronic and online applications or by your use of any of our content, programs, functionality (collectively, the “Content” or "Service"), or by providing information to us in other ways, you agree to the Terms and Conditions.

USE OF SITE

Castro's Cigar Bar, our facilities and network of sites, does not sell products to anyone under the age of 21. You represent and warrant that you are at least 21 years old. If you do not meet the minimum age requirement, please leave the site immediately.

THE CONTENT

All of the information, content, services displayed on, transmitted through or used in connection with the Website or other media channels, including for example, articles, opinions, reviews, text, photographs, images, illustrations, graphics, audio, video, html, source and object code, software, data, and all the selection and arrangement of the aforementioned and the "look and feel" of this Website and other Castro's Channels (collectively, the "Content"), are protected under applicable copyrights and other proprietary rights. The Content are the intellectual property of Castro's Cigar Bar LLC and its affiliated companies. Castro's Cigar Bar LLC actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in these Terms and with written consent.

The Content includes, but is not limited to, logotypes, trademarks and service marks (collectively "Marks") owned or used by Castro's Cigar Bar LLC. Other Marks used on the site may be owned by third parties. No Marks may be used in any manner unless approved in advance, in writing by Castro's Cigar Bar LLC.

You may use the Website, Castro's Cigar Bar LLC Media Channels and Content online and solely for personal, non-commercial, and informational / entertainment use. You cannot remove any trademark, copyright or other notice contained in such Content. No other use is permitted without securing the prior written consent of Castro's. Requests to use the Content for any purpose should be submitted to Castro's directly rom this Website using the contact form.

Content provided on Castro's is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or before using the products or services listed on Castro's.

Castro's Cigar Bar LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party, please contact us directly using the contact form on this Site.

Provide Castro's with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; Information sufficient to permit us to contact the complaining party, including address, telephone number, and e mail address; A statement that the complaining party has 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 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Castro's Cigar Bar LLC will terminate the account, and attempt to restrict access to our Websites and media channels, of any user that is determined to be a repeat copyright infringer.

PRODUCT DESCRIPTIONS AND TYPOGRAPHICAL ERRORS

Castro's attempts to be as accurate as possible. Castro's does not warrant that product descriptions or other content of any Castro's Service is 100% accurate, complete, reliable, current or error-free. If a product offered by Castro's is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item. If any other Castro's Service is not as described, your sole remedy against us is to request a refund for such Castro's Service.

In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.

PROHIBITED USES OF WEBSITE AND MEDIA CHANNELS

By accessing or using the Website and/or media Channels, including any Content, you agree to use them only as expressly permitted by these Terms. Unless you have prior written permission from Castro's Cigar Bar LLC, you shall not:

Alter, copy, rearrange, broadcast, rewrite, redistribute, transfer, sell, republish, modify, use for broadcast or publication in any medium, directly or indirectly, any Castro's Cigar Bar LLC intellectual property, Content or any other part of the Website or media Channels; Remove, suppress, or alter the display of advertising, except where applicable law expressly grants such rights; Frame or utilize framing techniques that involve any trademark, logo, copyrighted material, or other proprietary information (including images, text, page layouts or forms) of any portion of the Website or media Channels; Archive, cache, store, or incorporate into a database any Content or any other part of the Website or media Channels; Decrypt, disassemble, or circumvent any aspect of the Website or media Channels; Insert or introduce any malicious or unauthorized code, device, or means, or take any action that may impose an unreasonable or disproportionately large load on our infrastructure; Use any data mining, robot, spider, cancelbot, Trojan horse, or any data gathering, scraping, indexing, or extraction method on any part of the Website or media Channels; Use the Website or Castro's media Channels in a manner that violates applicable laws or regulations or violates the rights of a third party; or Violate any of these Terms, including without limitation the Posting Rules set forth below.

ACCOUNT & USER REGISTRATION

Certain areas of the Website or media Channels may require account registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional. If you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website or media Channels. When you register or join the Website or media Channels or provide information to the Website or media Channels in any other manner, you agree to provide only true, accurate, current and complete information. Using a name other than your own legal name or otherwise impersonating another person is prohibited. You agree that Castro's Cigar Bar LLC may use the information you provide to us according to its Privacy Statement.

If you create an account with the Website or other media Channels, you agree to accept responsibility for all activities that occur under your account or password and agree that you will not sell, transfer, or assign your account or any account rights. Each registration or account is for a single user only. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or media Channels using your unique credentials. Castro's Cigar Bar LLC reserves the right to terminate your account and/or deny access to the Website or media Channels to any person suspected of violating or has violated these Terms.

Website or applicable media Channel accounts may sometimes be provided through another party, for instance, a provider of electronic wallet services. In such circumstances, information about you necessary to provide you with an account, such as your email address, or electronic-wallet address, may have been provided to us by that third party.

OTHER INFORMATION CONTENT PROVIDERS

The Website(s) and media Channels may distribute content supplied by other content providers such as non-staff contributors, reviewers and commenters. We use additional providers to enhance your experience on the Website and media Channels. Castro's Cigar Bar LLC, the Website and our other media Channels are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Castro's Cigar Bar LLC or our staff.

Pursuant to 47 U.S.C.§ 230, Castro's Cigar Bar LLC is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such Content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or media Channels and assumes no duty to monitor the Website or media Channels for inappropriate or inaccurate Content. Neither Castro's Cigar Bar LLC nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, Castro's Cigar Bar LLC reserves the right to remove information provided by other information content providers at any time in its sole discretion.

USER-GENERATED CONTENT, COMMENTS AND OTHER SUBMISSIONS

The interactive areas of the Website and media Channels are provided to give users a way to search, ask questions and express their opinions. To protect your safety, please use your best judgment when submitting information to the Website and public media Channels. Do not divulge personal phone numbers, addresses, or other personal or personally identifiable information in public areas of the Website and media Channels. Castro's Cigar Bar LLC reserves the right to delete, move or edit any Post (as defined below) at any time, for any reason. Castro's Cigar Bar LLC has no obligation to review or remove any such content. Castro's Cigar Bar LLC does not endorse any information or user views communicated by users of the Website or media Channels in any public areas.

The Website and Castro's Cigar Bar LLC Channels may also offer areas for you to provide our affiliates and related entities your feedback and opinions, some of which may have additional terms that supplement these Terms. If you respond to a survey or provide feedback, you do so voluntarily, and you agree to abide by these Terms and acknowledge that Castro's Cigar Bar LLC will process the information you provide in accordance with its Privacy Statement. Castro's Cigar Bar LLC, in its sole discretion, will be free to use, or not use, any feedback or suggestion provided, and you will not be entitled to any compensation, nor will Castro's Cigar Bar LLC have any obligation towards you.

By storing, submitting, posting, uploading, creating, responding with, or placing any content on or to the Website or media Channels (collectively, "Post" or " Posting"), you represent and warrant that: (a) you own or otherwise have all necessary rights and permissions to the content that you Post; (b) the content you Post is accurate and does not violate applicable law, these Terms, or another person’s or entity’s rights; (c) you will not use automated means to Post or distribute content; and (d) the content you Post will not cause injury to any person or entity, nor cause Castro's Cigar Bar LLC to violate the rights of any third party. You are solely responsible for your Posts and your access to and interactions with Content and others’ Posts. You recognize that storing, transmitting, distributing, or transmitting content, material, or information that is unlawful or otherwise in violation of these Terms may expose you to criminal and/or civil liability.

By Posting content to the Website or Castro's Channels, you grant Castro's and its affiliates and related entities a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable, non-exclusive right and license to (and permit others to) use, copy, modify, relocate, display, archive, store, distribute, reproduce, and create derivative works from and otherwise exploit all content you Post to the Website or Castro's Channels, including your name and other biographical information contained in the content you Post, in any form, media, software, or technology of any kind, whether now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Castro's Cigar Bar LLC to include the information you Post in a searchable format that may be accessed by other users. The rights and licenses granted in this paragraph also include any material, information, ideas, concepts, know-how, or techniques contained in any Post. All rights granted in this paragraph may be enjoyed and exploited without providing you compensation or attribution of any sort.

Please note that Castro's does not accept unsolicited materials or ideas for use. Castro's is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Castro's.

POSTING RULES

Interactive areas of the Website and Castro's Channels are intended to encourage active discussion and / or provide a way for you to share your opinions. By using areas of the Website and Castro's Channels that allow for public discourse, you are participating in a community that is intended for all our users. We reserve the right to remove any content Posted on the Website or Castro's Channels at any time for any reason without notice. Decisions as to whether content violates any of Castro's posting rules will be made by Castro's in its discretion after we have actual notice of such posting. Without limiting our right to remove any content, you shall not Post content to the Website or Castro's Channels that:

Contains unlawful, vulgar, profane, obscene, pornographic, abusive, violent, threatening, or hateful language or content relating to third parties, or otherwise attacks other users or depicts nudity or contains sexually explicit content; Discriminates on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, age, disability, and/or marital status; Includes content relating to third parties that is defamatory, libelous, deceptive, fraudulent, inaccurate, incoherent, or contains gross exaggerations or unsubstantiated claims; Violates the rights of Castro's or any third party, including privacy and intellectual property rights (for example, Posting copyrighted material without the express permission of the owner); Violates any law, rule, regulation, or ordinance, or attempts to encourage or promote the evasion or violation of such; Unfairly interferes with another’s uninterrupted use and enjoyment of the Website or Castro's media Channels; Advertises, promotes, or offers to trade any good or service, except in areas specifically designated for such purposes; Discloses, uses, or attempts to use another’s account, password, service, or system, except as expressly permitted by these Terms; Contains, introduces, or transmits viruses, malware, ransomware, or other malicious code, means, or devices; or otherwise disrupts or interferes with the security of the Website, or any service, system resource, account, credential, password, server, or network connected to or accessible through the Website, Castro's media Channels, or affiliated or linked sites; Spams an individual or entity by repeatedly responding to their Posts or sending them repeated messages; Disguises the origin of the Post or is otherwise designed to impersonate another person or entity; or Collects or stores other users’ personal information or discloses personal, sensitive, or account log-in information of another person.

Certain violations of these rules may be referred to law enforcement authorities. Castro's reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the Website or Castro's Channels, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with any service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "attacking," or "crashing," (d) forging any TCP/IP packet header or any part of the header information in any email, or forum posting, or (d) scraping or otherwise collecting data or information through automated means. Violations of system or network security may result in civil or criminal liability. Castro's will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

THIRD PARTIES

Your dealings or communications through the Website and Castro's media Channels with any party other than Castro's are solely between you and that third party. For example, certain areas of the Website and Castro's Channels may allow you to conduct transactions or purchase goods. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Castro's be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Castro's may sometimes engage in a marketing partnership by adding links into certain pages of our Website or Castro's media Channels. Castro's will provide notice when it embeds such links. Clicking on or purchasing products or services through affiliate links or our partner sites may result in Castro's earning a commission. Any purchase you make through an affiliate link is made directly with those third parties, not Castro's, and these third parties often have their own terms and conditions and privacy statements, which Castro's encourages you to review. Castro's is not responsible for evaluating any offer made by these third parties; Castro's makes no warranty about these third parties or offerings; and Castro's does not assume any liability for any act, omission, product, or service of these third parties.

INTERNATIONAL USERS

The Website and certain Castro's Channels are controlled, operated, and administered by Castro's from its offices within the United States. Castro's makes no representation that materials or Content available through the Website or Castro's media Channels are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Website or Castro's media Channels or export the Content in violation of U.S. export laws and regulations. If you access the Website or Castro's media Channels from a location outside the United States, you are responsible for compliance with all local laws.

EMAIL ADDRESSES

You hereby acknowledge and agree that any notice or disclosure Castro's sends to the email address you provide to us satisfies any requirement that such notice, disclosure or communication be provided in writing.

MODIFICATION

Castro's shall have the right, at its discretion, to change, modify, add, or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or Castro's media Channels shall constitute your acceptance of any changes. Castro's shall have the right at any time to change or discontinue any aspect of the Website or Castro's media Channels, including, but not limited to, the community areas, Content, hours of availability, and equipment needed for access to use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting, and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions. Castro's may also restrict your access to certain portions of the Website or Castro's media Channels for any reason and without providing any notice. Castro's may at any time charge a fee or require a subscription to access special pricing programs or memberships in support of the Website or Castro's media Channels.

DISCLAIMER

YOUR USE OF THE WEBSITE, CASTRO'S MEDIA CHANNELS, AND ITS CONTENTS IS AT YOUR OWN RISK. ALL MATERIALS AND SERVICES ON THE WEBSITE, CASTRO'S MEDIA CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CASTRO'S IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR CASTRO'S CHANNELS. BECAUSE CASTRO'S HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT CASTRO'S IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT CASTRO'S DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CASTRO'S SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON THE WEBSITE OR CASTRO'S CHANNELS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND CASTRO'S CHANNELS. CASTRO'S AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR CASTRO'S MEDIA CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. CASTRO'S EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. CASTRO'S ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY SEARCH RESULT. CASTRO'S AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR CASTRO'S MEDIA CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR CASTRO'S CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. CASTRO'S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT.

INDEMNITY / LIMITATION OF LIABILITY

AS A CONDITION OF USE OF THIS WEBSITE AND ANY CASTRO'S MEDIA CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, CASTRO'S AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR ANY CASTRO'S CHANNELS; (B) CASTRO'S’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE OR POST; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS BY YOU. If you are dissatisfied with any Castro's material, or with any of Castro's' Terms, your sole and exclusive remedy is to discontinue using the Website or Castro's media Channels, as applicable.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CASTRO'S, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE CONTENT, WEBSITE, OR CASTRO'S CHANNELS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT, THE WEBSITE, OR CASTRO'S CHANNELS; OR (C) ANY ERRORS OR OMISSIONS IN THE CONTENT, WEBSITE, OR CASTRO'S CHANNELS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CASTRO'S IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.

DISPUTES, REMEDIES & APPLICABLE LAW

Any dispute or claim relating in any way to your use of any Castro's Service, or to any products or services sold or distributed by Castro's or through CastroCigarBar.com or any other Castro's website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona (without regard to principles of conflict of laws), will govern these Conditions of Use and any dispute of any sort that might arise between you and Castro's.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our office in Arizona: 4855 E Warner Rd, Phoenix, 85044. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. The AAA's rules will govern payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Maricopa County, Arizona or at another mutually agreed location.

You and Castro's both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Castro's each respectively waive any right to a jury trial. You and Castro's also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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