Terms and Conditions
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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Caster HQ. The collective work includes works that are licensed to Caster HQ. Copyright 2020, Caster Headquarters, LLC (CasterHQ) ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Caster HQ or purchasing Caster HQ products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Caster HQ or to purchase Caster HQ products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Caster HQ. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks and trade names of CasterHQ, Caster HQ, Caster Headquarters, Caster Barn and HD Industrial Supply used in the site are trademarks or registered trademarks of Caster Headquarters, LLC and HD Industrial Supply, LLC.


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Caster Headquarters, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. Caster Headquarters, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Caster Headquarters does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability

CasterHQ shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if CasterHQ has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors

In the event that a CasterHQ product is mistakenly listed at an incorrect price, CasterHQ reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Caster HQ reserves 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 cancelled, Caster HQ shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CasterHQ without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice

CasterHQ may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Caster HQ.


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CasterHQ products) shall be in the state or federal courts located in the State of Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Caster Headquarters products) must be commenced within one (1) year after the claim or cause of action arises. CasterHQ's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Caster HQ may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Caster HQ or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Caster HQ does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Caster HQ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Caster HQ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Caster HQ in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Caster Headquarters, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, CasterHQ may link to sites operated by third parties. However, even if the third party is affiliated with Caster HQ, Caster HQ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Caster Headquarters. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Caster HQ seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
CasterHQ (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS/MMS Mobile Messaging Terms and Conditions, Our Terms of Use, Privacy Policy, and any other applicable terms and agreements related to your use of Our Program (the “Agreement”). By opting in to or participating in Our Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other agreements that may govern the relationship between you and Us in other contexts.

Program Description: Without limiting the scope of the program, users that opt in to the program can expect to receive messages from us and others texting on our behalf concerning the marketing and sale of our goods, services, and events. Messages may include checkout reminders.

User Opt In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through checking the box to sign up online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. 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 as defined by the Telephone Consumer Protection Act.

Message Cost and Frequency: Message and data rates may apply for each message sent or received in connection with Our Program. It is best to contact your wireless provider if you have questions regarding your data or text plan. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Us at sales@casterhq.com. Please note that requests to this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.