Terms of Use

Terms of Use

AGREEMENT BETWEEN USER AND CASTLEGARDE

The CastleGarde website is comprised of various web pages operated by CastleGarde.

CastleGarde's website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of CastleGarde's website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CastleGarde reserves the right to change the terms, conditions, and notices under which CastleGarde's website is offered, including but not limited to the charges associated with the use of CastleGarde website.

LINKS TO THIRD PARTY SITES

CastleGarde’s website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CastleGarde and CastleGarde is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CastleGarde is not responsible for webcasting or any other form of transmission received from any Linked Site. CastleGarde is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CastleGarde of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of CastleGarde’s website, you warrant to CastleGarde that you will not use CastleGarde’s website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use CastleGarde’s website in any manner which could damage, disable, overburden, or impair CastleGarde’s website or interfere with any other party's use and enjoyment of CastleGarde’s website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through CastleGarde’s websites.

USE OF COMMUNICATION SERVICES

CastleGarde’s website may contain bulletin board services, chat areas, newsgroups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

CastleGarde has no obligation to monitor the Communication Services. However, CastleGarde reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CastleGarde reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CastleGarde reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in CastleGarde's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CastleGarde does not control or endorse the content, messages, or information found in any Communication Service and, therefore, CastleGarde specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CastleGarde spokespersons, and their views do not necessarily reflect those of CastleGarde.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CastleGarde OR POSTED AT ANY CASTLEGARDE WEBSITE

CastleGarde does not claim ownership of the materials you provide to CastleGarde (including feedback and suggestions) or post, upload, input or submit to any CastleGarde website or its associated services (collectively "Submissions").

No compensation will be paid with respect to the use of your Submission as provided herein. CastleGarde is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CastleGarde's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH CASTLEGARDE’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CASTLEGARDE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN CASTLEGARDE’S WEBSITE AT ANY TIME. ADVICE RECEIVED VIA CASTLEGARDE’S WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CASTLEGARDE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON CASTLEGARDE’S WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CASTLEGARDE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CASTLEGARDE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CASTLEGARDE’S WEBSITE, WITH THE DELAY OR INABILITY TO USE CASTLEGARDE’S WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH CASTLEGARDE’S WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF CASTLEGARDE’S WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CASTLEGARDE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CASTLEGARDE’S WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING CASTLEGARDE’S WEBSITE.

SERVICE CONTACT: jbebeau@castlegarde.com

TERMINATION/ACCESS RESTRICTION

CastleGarde reserves the right, in its sole discretion, to terminate your access to CastleGarde’s website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the state of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Florida, U.S.A. in all disputes arising out of or relating to the use of CastleGarde’s website. Use of CastleGarde's website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CastleGarde as a result of this agreement or use of CastleGarde's website. CastleGarde's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CastleGarde's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of CastleGarde's website or information provided to or gathered by CastleGarde with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CastleGarde with respect to CastleGarde's website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and CastleGarde with respect to CastleGarde's website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CastleGarde website are: Copyright 2008-2020 CastleGarde, Inc. and/or its suppliers. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.