Terms and Conditions of Use
Last updated: August 9, 2012
Welcome to Castnets.com. Fitec International LLC and/or its affiliates ("Fitec") provide website features to you subject to the following conditions. If you visit or shop at Castnets.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Fitec service or business (e.g., Your Profile, Gift Cards, Inbox, or Your Media Library) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit Castnets.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Fitec or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Fitec and protected by U.S. and international copyright laws. All software used on this site is the property of Fitec or its software suppliers and protected by United States and international copyright laws.
In addition, Castnets.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Fitec in the U.S. and/or other countries. Fitec's trademarks and trade dress may not be used in connection with any product or service that is not Fitec's, in any manner that is likely to cause confusion among customer’s or in any manner that disparages or discredits Fitec. All other trademarks not owned by Fitec that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fitec.
One or more patents owned by Fitec apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
Fitec grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fitec. This license does not include any resale or commercial use of this site and/or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fitec. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fitec without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fitec's name or trademarks without the express written consent of Fitec. Any unauthorized use terminates the permission or license granted by Fitec. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Castnets.com so long as the link does not portray Fitec, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fitec logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fitec does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Castnets.com only with involvement of a parent or guardian. Fitec reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Castnets.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Fitec does not sell or trade any personal information about our customers. All customer information is confidential and remains solely with Fitec.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fitec reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fitec a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fitec and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fitec for all claims resulting from content you supply. Fitec has the right but not the obligation to monitor and edit or remove any activity or content. Fitec takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Fitec are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Fitec does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Fitec does not take title to the refunded item. If a customer receives a defective item, the wrong item or decides they have ordered the wrong product, the customer should contact a sales person. Depending on which of the above mentioned reasons a customer may have for requesting a credit to their credit card, we may have them return the product or simply allow them to dispose of it. If the customer requests a replacement, we send it at no charge. If the customer requests credit, we credit the CC at that time or within 72 business hours of the physical receipt of the returned product.
Fitec reserves the right to charge a 15% handling fee for returned or exchanged product.
Fitec attempts to be as accurate as possible. However, Fitec does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fitec itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the price displayed for products on our website represents the actual retail price listed on the product itself. With respect to items sold by Fitec, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.
UPS Ground freight is included in the pricing for shipments within the 48 continental United States of America. Additional Charges will apply for shipments to Alaska, Hawaii, US Territories and foreign countries. You will be contacted regarding the additional charges before your credit card is charged.
Please note that this policy applies only to products sold and shipped by Fitec.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FITEC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FITEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FITEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FITEC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FITEC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FITEC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your visit to Castnets.com or to products or services sold or distributed by Fitec or through Castnets.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, 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.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting Castnets.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, 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 Fitec.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your visit to Castnets.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
P.O. Box 751788
Memphis, TN 38175