Terms and 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.

Returns
Please contact us prior to returning any items for a Return Authorization #. There is no refund for shipping and handling, fees, and/or special items not stocked in our regular inventory.

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 CASTLEBAR CORPORATION. The collective work includes works that are licensed to CASTLEBAR CORPORATION. Copyright 2012 - 2019, CASTLEBAR CORPORATION 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 CASTLEBAR CORPORATION or purchasing CASTLEBAR CORPORATION 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 CASTLEBAR CORPORATION or to purchase CASTLEBAR CORPORATION 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 CASTLEBAR CORPORATION. You further agree not to change or delete any proprietary notices from materials downloaded from the site. No license or other rights under any patents, copyrights or trademarks owned or controlled by Seller or under which Seller is licensed are granted to Buyer or implied by the sale of Products or Services hereunder. Seller's drawings, blueprints, computer codes, technical information, intellectual property and know-how shall be the exclusive property of Seller, and Buyer shall have no right, title or interest therein. Buyer shall maintain in confidence, and shall not disclose to any third party, or use for any purpose other than that for which it was supplied, any information or property of Seller which is designated by Seller as confidential, secret or proprietary information of Seller. Buyer shall not identify as genuine products of Seller, products purchased hereunder which have been treated, modified or altered in any way, nor shall Buyer use Seller's trademarks to identify such products; provided, however, that Buyer may identify such products as utilizing, containing or having been manufactured from genuine products of Seller as treated, modified or altered by Buyer or Buyer's representative. Seller shall be entitled to rely upon any information, specifications, designs, formulas or other information supplied to Seller by Buyer or Buyer’s representatives, and Seller shall not be responsible for any damages or loss arising out of the use or incorporation by Seller of the same. Buyer warrants to Seller that neither any design, specification, drawing or pattern provided to Seller by Buyer or Buyer's representatives, nor any use contemplated by Buyer of the Products, infringes any patent, copyright, trade secret or other intellectual property rights. All trademarks, service marks and trade names of CASTLEBAR CORPORATION used in the site are trademarks or registered trademarks of CASTLEBAR CORPORATION.

Trademarks
All trademarks, service marks and trade names of CASTLEBAR CORPORATION used in the site are trademarks or registered trademarks of CASTLEBAR CORPORATION

Technical Data, Advice
Any technical data and advice furnished by Seller with respect to Products and Services and the use of such Products and Services is given without charge, and Seller assumes no obligation or liability for such information. All such data, advice, drawings and specifications shall be given and accepted at Buyers risk. Catalogs, circulars and similar pamphlets of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereof or create any warranties.

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, CASTLEBAR CORPORATION disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CASTLEBAR CORPORATION 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. CASTLEBAR CORPORATION 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. The advice of Seller's technical staff is available to the trade, but Seller, not controlling or supervising the subsequent manufacture, fabrication, or installation of its products or their use after sale, does not warrant or guarantee such advice. NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, IS MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH IN CONTRACT OF PURCHASE OR ACKNOWLEDGMENT OF ORDER, BUT IN SUCH CASE SUCH WARRANTY OR GUARANTEE IS LIMITED AS ABOVE PROVIDED.

Limitation of Liability
CASTLEBAR CORPORATION 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 CASTLEBAR CORPORATION 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. Buyer's damages are limited to actual damages only and shall not exceed the dollar value of the purchase order with Seller.

Typographical Errors
In the event that a CASTLEBAR CORPORATION product is mistakenly listed at an incorrect price, CASTLEBAR CORPORATION reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CASTLEBAR CORPORATION 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, CASTLEBAR CORPORATION 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 CASTLEBAR CORPORATION 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
CASTLEBAR CORPORATION 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 CASTLEBAR CORPORATION.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United States of American and the state of Ohio, 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 CASTLEBAR CORPORATION products) shall be in the state or federal courts located in Municipal Court of Canton, Ohio, the Common Pleas Court of Stark County, Ohio, or the United States District Court for the Northern District of Ohio, except that Seller in its’ sole discretion may also maintain any such action in any court (a) within whose territorial jurisdiction of are located; (b) located in any jurisdiction within which Buyer executed any document in connection with the transaction described herein; or (c) in any court in aid of execution of the judgement or order of any court having jurisdiction as set forth above. Each of the parties hereto irrevocably consent to the personal jurisdiction of the courts set forth above. The parties agree that the formation of the contract or agreement of the parties occurred or will occur in Stark County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CASTLEBAR CORPORATION products) must be commenced within one (1) year after the claim or cause of action arises. CASTLEBAR CORPORATION’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. CASTLEBAR CORPORATION may assign its rights and duties under this Agreement to any party at any time without notice to you. Applicable Federal Laws. Seller will comply with all federal laws and regulations that govern Seller's performance hereunder.

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 CASTLEBAR CORPORATION 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
CASTLEBAR CORPORATION 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, CASTLEBAR CORPORATION 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, CASTLEBAR CORPORATION 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 CASTLEBAR CORPORATION in its sole discretion.

Entire Contract
This is not a firm offer and may be changed or revoked at any time. Acceptance of this offer is expressly limited to the exact terms contained herein and any attempt to alter or omit any of such terms shall be deemed a rejection and a counteroffer.

Acceptance by Buyer
Buyer's authorization to permit Seller to manufacture/supply goods for it and/or acceptance of the goods produced for Buyer by Seller constitutes acceptance in whole of all terms set forth hereinabove notwithstanding language in Buyer's Purchase Order or other terms of sale to the contrary set forth in any other document prepared by Buyer, to which inconsistent or additional terms object is hereby given Seller.

Indemnification
You agree to indemnify, defend, and hold harmless CASTLEBAR CORPORATION, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, regardless of the theory of liability, incurred by or threatened to Seller in connection with any modifications by Buyer to the Products or Services supplied hereunder, the incorporation of the Products into any product, the extension of any warranties beyond those provided herein, or any other acts or omissions of Buyer related to the sale or distribution of the Products or Services provided by Seller, resulting from the use of any products obtained by CASTLEBAR CORPORATION or in 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, CASTLEBAR CORPORATION may link to sites operated by third parties. However, even if the third party is affiliated with CASTLEBAR CORPORATION, CASTLEBAR CORPORATION has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CASTLEBAR CORPORATION. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CASTLEBAR CORPORATION 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).