Terms

TERMS OF USE

Last Updated: August  17, 2017

 

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 is subject to the following terms and conditions and other applicable law.  If you choose to not agree to these terms and conditions, please do not use this site.

The entire content included in this site, including but not limited to text, visual interfaces, graphics, design, compilation, information, data, computer code, products, and all other elements  are copyrighted as a complete and collective work under the United States and other copyright laws, and is the sole property of Castel Innovations, LLC.  The collective work includes all works that are related and licensed to Castel Innovations, LLC.  Copyright 2015-17, Castel Innovations, LLC 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 Castel Innovations, LLC or purchasing Castel Innovations, LLC 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 Castel Innovations, LLC or to purchase Castel Innovations, LLC products.  Any other use, including but not limited to the reproduction, distribution, display or transmission of any content of this site is strictly prohibited, unless specifically authorized in writing by Castel Innovations, LLC.  You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Indemnity

You agree that you will be responsible for your use on the Website and of the Service, and you agree to defend, indemnify, and hold harmless Castel Innovations, LLC and its affiliates and their respective officers, directors, employees, consultants, Service Providers and agents (collectively, the "Castel Innovations Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

General Terms

Limitation of Liability

Castel Innovations, 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.  Castel Innovations, LLC 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.

Pricing Errors

In the event that a Castel Innovations, LLC product is mistakenly listed at an incorrect price, whether online or through other retail channels, Castel Innovations, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  Castel Innovations, LLC 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, Castel Innovations, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Participation Disclaimer

Castel Innovations, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner whatsoever responsible for the content of these communications and materials.  You acknowledge that by providing you or anyone with the ability to view and distribute user-generated content on the site, Castel Innovations, LLC 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, Castel Innovations, LLC 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 Castel Innovations, LLC in its sole discretion.

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 Castel Innovations, LLC 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

Castel Innovations, LLC 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 Castel Innovations, LLC.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.  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 Castel Innovations, LLC products) shall be in the state or federal courts located in Orange County, California.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Castel Innovations, LLC products) must be commenced within one (1) year after the claim or cause of action arises.  Castel Innovations, LLC'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.  Castel Innovations, LLC 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 profane, obscene or abusive language, is strictly forbidden.  Impersonation of others, including a Castel Innovations, LLC 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.

Third-Party Links

In an attempt to provide increased value to our visitors, Castel Innovations, LLC may periodically link to sites operated by third parties.  However, even if the third party is affiliated with Castel Innovations, LLC, Castel Innovations, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Castel Innovations, LLC.  These linked sites are only for your convenience and therefore access to them is at your own risk.  Nonetheless, Castel Innovations, LLC 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 or function properly).

 

Dispute Resolution and Arbitration

Generally

You and Castel Innovations agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASTEL INNOVATIONS, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Warranty

 

CASTEL INNOVATIONS, LLC warrants this product to be free from defects in material and workmanship for ONE (1) YEAR FROM DATE OF PURCHASE, provided there has been normal use and proper maintenance. This warranty applies to the original purchaser only. All remedies under this warranty are limited to the repair or replacement of the product itself, or the repair or replacement of any component part thereof, found by the manufacturer to be defective within the time period specified. The decision to repair or replace is wholly within the discretion of the manufacturer.

 

If you have a warranty claim, first you must call our manufacturer at the number below for instructions. You must retain proof of purchase and submit a copy with any items returned for warranty work. Upon completion of warranty work, if any, we will return the repaired or replaced item or items to you freight prepaid. Damage to our products caused by accidents, fire, vandalism, negligence, misinstallation, misuse, Acts of God, corrosion, or by defective parts not manufactured by us, is not covered under this warranty.

 

ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE CREATED HEREBY ARE LIMITED IN DURATION TO THE SAME DURATION AND SCOPE AS THE EXPRESS WRITTEN WARRANTY. OUR COMPANY SHALL, NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE.

 

Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

 

FOR WARRANTY ISSUES WITH THIS PRODUCT PLEASE CALL TAILGATE ADJUSTER CUSTOMER SERVICE 1-888-808-2454.