Cash Casters :: Terms & Conditions

Welcome to CASHCASTERS, INC. By using or accessing our website, servers, third party providers, or mobile apps, you hereby agree to the terms and conditions of this User Agreement, the Mobile Devices terms and conditions and User Privacy Notice, and all such terms, conditions and policies posted on our site(s) which set out the terms on which CASHCASTERS, INC. offers you access to and use of our site(s), services, tools, and applications (all hereinafter referred to as "Services"). All of our policies, the site and Mobile Devices Terms, and the User Privacy Notice are hereby incorporated into this User Agreement. CASHCASTERS, INC. can modify, amend and/or change this agreement at any time at its sole discretion without prior notice. Your continued use herein, constitutes your agreement to any such changes. When accessing or using our services, you agree to comply with all of the terms and conditions herein. You are contracting with CASHCASTERS.INC., a Florida Corporation, with its registered offices located at 7901 4th Street N., Suite 300, St. Petersburg, Florida 33702, d/b/a CASHCASTERS.

About CASHCASTERS, INC.

CASHCASTERS is a website and mobile app that allows its users to cast/offer, post/sell to a cash offer almost any product or service (must be legal), in numerous pricing increments and most locations. Any contract or agreement for sale or purchase is solely between the casters/sellers and posters/buyers. CASHCASTERS, INC. is not a typical auction site or auctioneer. You must be at least 18 years of age to use our services and the use thereof is at your sole risk. CASHCASTERS, INC. does not warrant, endorse or imply that any product(s) or service(s) offered is/are fit for the purpose it/they is/are being offered for or any specific purpose and exclude any and all warranties of fitness, merchantability, title, ownership or accuracy thereof.

CASHCASTERS, INC. Terms of Use

The CASHCASTERS, INC. User Agreement, Disclaimers and Limitations herein, contain terms, conditions and provisions that govern how any disputes or claims between the user and CASHCASTERS, INC., are resolved. Also included herein is an Agreement to Arbitrate. This Agreement to Arbitrate, will require that you submit any disputes or claims that you may have against CASHCASTERS, INC., to binding and final arbitration, unless your dispute or claim can be litigated in small claims court.

Only individual claims will be allowed against CASHCASTERS, INC. You agree not to proceed as a plaintiff or class member in any class action, consolidated action, representative action or proceeding against CASHCASTERS, INC., and any relief sought by you will only be permitted on an individual basis. If a claim proceeds to court for any reason, both you and CASHCASTERS, INC., hereby waive any and all rights to a jury trial.

You agree that CASHCASTERS, INC., its shareholders, officers, users, agents, owners, managers, directors, employees, its successors and assigns, advertisers and third party service providers, shall not be liable under tort, negligence, contract, strict liability or any other legal theory for any damages including but not limited to exemplary, consequential, special, compensatory, incidental, punitive or indirect damages regarding the use of this site, mobile app and any or all services, users of this site, mobile app or any or all services, providers of products or services herein, casters and posters herein, any breach of any terms and conditions herein, users herein, visitors herein, disclosure of, access whether authorized or unauthorized, use of or alterations of any information, data or content, submitted, supplied, transmitted or conveyed herein. If any of and to the extent to any of CASHCASTERS, INC’S, shareholders, officers, users, agents, owners managers, directors, employees, its successors and assigns, advertisers and third party service providers are found liable for any direct damages stemming from and related to the terms and conditions or terms of use herein, or the use of this site and services, the liability for any damages shall not exceed $100.00 total and in the aggregate and shall apply to the fullest extent as permitted and allowed by law.

CASHCASTERS, INC., provides and allows access to many services which include but are not limited to casting or posting of goods and services, pricing of goods and services, shipping methods, and other such services. Said services are solely for informational purposes. It is at your own risk and sole discretion whether you cast/post/list or purchase any goods or services. CASHCASTERS, INC. cannot and does not warrant or guarantee the accuracy, availability, descriptions of, existence of, legality, photos, quality, reliability or safety of any of the goods or services of the users, casters or posters on its website, mobile app or any other locations or sources. Nor do we warrant or guarantee the buyers, casters, or purchasers ability to pay for any goods or services offered; or that a poster/buyer or caster/seller will complete a transaction or return an item. You hereby agree and acknowledge that, as with many internet marketing websites and/or mobile apps, there are risks involved in the use thereof and when interacting and/or meeting with other users or persons. CASHCASTERS, INC. may store, process or transfer any or all of your information provided or obtained herein.

CASHCASTERS, INC. may allow third parties and/or advertisers to offer their products or services available to our users. CASHCASTERS, INC. does not warrant or make any representations regarding any third party and/or advertiser's offerings.

CASHCASTERS, INC. does not do any background checks, whether criminal or otherwise or verify any of its users. You are solely responsible for taking any and all actions necessary to keep yourself safe when meeting with other users. You assume any and all risks associated therewith. If you are meeting with another user, you should consider meeting in a public place or police station. You are also solely responsible for keeping any and all of your personal information private.

When using or accessing CASHCASTERS, INC.'s website or mobile app you are solely responsible for your use and conduct and agree NOT to:

Cast, post, submit, transmit, upload, transfer, introduce, disseminate, distribute, send, communicate or make available any items, material, products, content, pictures, images, text, data, information or content that is inappropriate, in any way violates the law, public policy or the Terms of Use herein.
Use our services if you are under the age of 18, not able to form legally binding contracts, or are prohibited or suspended from using our site, services, applications or tools.
Fail to pay for items or services that you purchased.
Fail to deliver items or services that you sold.
Create any unauthorized accounts or provide inaccurate information.
Use our services other than they were intended to be used or permitted by CASHCASTERS, INC.
Cast or Post any content that is misleading, false, dishonest, fraudulent, inaccurate, pornographic or obscene.
Post any libelous or defamatory statements or content.
Post any content or statements that violates or infringes on any patents, trademarks, copyrights, intellectual property or trade secrets.
Post any content or statements that serve to harass or are harmful, offensive or abusive to any party.
Alter or interfere with any other user’s casts or posts.
Cast or post any illegal items, drugs, alcohol, counterfeit products, tobacco, explosives or firearms.
Assume another or transfer your account to another party without our consent;
Post any unsolicited or bulk electronic communications, spam, distribute viruses or any other technologies that may harm CASHCASTER.COM, or the interests of its users and/or third party partners/providers. Use any automated means, use any spider, scraper, robot, crawlers, etc. to access our server, circumvent or bypass our robot exclusion headers, interfere with the operation or functioning of our services, or create or cause an unreasonable or exceptionally large load on our site, infrastructure or servers.
Copy, modify, transfer, reverse engineer or export any CASHCASTERS, INC. application or tool from material or content that belongs to or is licensed by/to CASHCASTERS, INC., or that comes from the services and belongs to another CASHCASTERS, INC. user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of CASHCASTERS, INC. and/or any other party holding the right to license such use; commercialize any CASHCASTERS, INC. website, code, application or any information or software associated with such website, code and/or application.
Use or collect information about users without their consent; or circumvent any technical measures we use to protect said users.
If we discover or it appears that you are misusing or abusing CASHCASTERS, INC. in any of the ways aforementioned or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such misuse or abuse including but not limited to terminating or suspending your user account(s) and access to our site, mobile application, services, removing any content posted, reducing or eliminating any rewards, free services, discounts, notify lawful authorities and/or taking any or all legal steps to prevent you from using our Services, recoup any damages suffered and/or use any and all available remedies at law or equity.
We may cancel any account or accounts that are inactive for a lengthy time or modify or discontinue our services.
We reserve the right to refuse, suspend or terminate our services to anyone for any reason at our sole discretion.
Cashcasters, Inc., has no duty to monitor, edit or delete any user content, casts or posts, nor does it warrant or endorse any user casts, posts, products, services or content herein.

FEES

Any fees we charge for using our services may change by posting the changes on the CASHCASTERS, INC. site with no advance notice required.
If your payment method fails or your account is delinquent, we may collect fees owed using any collection methods allowed by law. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel. In addition, you will be subject to late fees. CASHCASTERS, INC., or the collection agencies retained, may also report negative information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

CASTING AND POSTING REQUIREMENTS

When casting or posting a product or service you agree that:

You are solely responsible for the accuracy and content of the cast, product or service.
Once your cast or post has been submitted to this site and/or mobile app, you authorize and give CAHSCASTERS, INC. permission and irrevocable perpetual license to use in any way, in any or all media formats, copy, list, reproduce, duplicate, display, publish, create derivative works or images therefrom, grant us the right to exercise or use any and all copyright, trademark, intellectual property rights you may now have or have in the future of any and all content, media photographs, pictures, images, names, addresses, documents, text or content submitted, free of any fees, compensation or royalties to you.
Any material or content that violates any of CASHCASTERS, INC.'s policies, Local, State or Federal Law, may be removed or deleted at CASHCASTERS, INC.'s sole discretion.
Your content, photo and/or user name may be visible and/or accessible to other users or third party service providers.
If you solicit or ship any illegal, prohibited or improper items, you may be subject to any and all penalties available at law or equity including but not limited to civil and criminal penalties.

PURCHASE CONDITIONS

When buying an item, you agree that:

You are solely responsible for any and all interactions and communications with other users of CASHCASTERS, INC..
CASHCASTERS, INC. is only an intermediary between its users and shall not be liable, have an obligation to or be responsible for the casts, posts, products or services of its users or the delivery and/or payment thereof.
Any and all items purchased shall be paid for and delivered outside of CASHCASTERS, INC. as agreed to and directly by and between the parties. CASHCASTERS, INC. is not a party to any such transaction and will not facilitate any such transaction(s), warrant any such transaction(s) or assist in returns or refunds thereof.
CASHCASTERS, INC. makes no warranties, guarantees or assurances of the accuracy, quality, genuineness or reliability of any casts, posts, products or services found on this site. We do not endorse, review or approve the casts or posts of its users.
You are solely responsible for reading the entire description, cast or post before making an offer or commitment to purchase a product or service. Any dispute or complaint that arises between any user or users of this site must be resolved between said users and they shall indemnify and hold CASHCASTERS, INC., its shareholders, officers, users, agents, owners, managers, directors, employees, successors and assigns, advertisers, third party service providers harmless. CASHCASTERS, INC. shall not in any way be liable for punitive, special, indirect, exemplary or consequential damages. Under no circumstances or in no event shall CASHCASTERS, INC. be liable for any total cumulative damages in excess or $100.00 or the total amount paid by you to CASHCASTERS, INC. in the preceding year, whichever is lesser. In any jurisdiction that does not allow the restriction or limitation of any or all damages, then our liability is limited to the greatest extent allowable by law.
You are solely responsible for any sales, government, state, local, federal or applicable taxes related to your transaction(s) herein.

INDEMNIFICATION

You hereby agree to defend, indemnify and hold harmless CASTCASTERS, INC., and its shareholders, subsidiaries, officers, users, agents, owners, managers, directors, employees, successors and assigns, advertisers, affiliates, partners, third party service providers, from and against any and all damages, claims, losses, costs, liabilities, expenses, demands or other, including but not limited to court costs, fees and reasonable attorneys’ fees arising from your use hereof, access hereto, content posted, conduct, any false, inaccurate or misleading information or content supplied, submitted, transmitted or provided by you, any violation of the terms of use or user agreement herein, any unlawful, intentional, unintentional or willful violation of the rights of another or harm caused by you, violations of Local, State or Federal Law. You must promptly notify CASHCASTERS, INC. of any and all third party claims, cooperate in any defense or counter claim thereof, pay all fees, costs and expenses, including but not limited to attorney's fees associated therewith. CASHCASTERS, INC., shall have the sole control of any defense or settlement of a cause of action, claim or lawsuit.

IMAGES, DESCRIPTIONS & SPECIFICATIONS

CASHCASTERS, INC. uses stock images, descriptions and product specifications that are provided by its users or third-parties. You may use these stock images, descriptions and product specifications solely in connection with your CASHCASTERS, INC. listings. Said grant of use is subject to modification or revocation at any time and for any reason at CASHCASTERS, INC.'s sole discretion.

AUTHORIZATION TO CONTACT YOU

You agree to receive calls or emails, including autodialed and/or pre-recorded message calls, from CASHCASTERS, INC. at any of the telephone numbers, including mobile telephone numbers or email addresses, that you have supplied or that we have collected from third party suppliers, providers or in any other way. If the telephone number that we have obtained is a mobile telephone number, you agree and consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers or email addresses we have in our records for any purposes including but not limited to relating to your use of CASHCASTERS, INC., advertising, marketing, promotional purposes or billing. If you choose not to receive such communications, you can opt-out in the communications preference section of CASHCASTERS, INC..
You authorize and grant CASHCASTERS, INC. the right and authority to share your telephone numbers or email addresses with our service providers such as collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under the terms of use and/or user agreement, our procedures, policies, or any other agreement we may have with you. Said service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or text messages, only as authorized by us for business purposes herein, and not for their own purposes.
CASHCASTERS, INC. will not share your information, telephone number or email address with any non-affiliated third parties for their purposes without your explicit consent. but may share your telephone numbers with members of CASHCASTERS, INC.’S shareholders, officers, users, agents, owners, managers, directors, employees, successors and assigns, advertisers, affiliated third party service providers.
You hereby authorize CASHCASTERS, INC., without any further notice or warning and in its sole discretion, record or monitor telephone conversations you or your agent may have with CASHCASTERS, INC. or its agents or assigns for training and/or quality control and training purposes or for its own protection. You agree, acknowledge and understand that, while your communications with CASHCASTERS, INC. may be monitored or recorded, not all telephone lines or calls may be recorded and CASHCASTERS, INC. does not guarantee that recordings of any telephone calls will be retained or retrievable.

LIMITATION AND WAIVER OF LIABILITY

CASHCASTERS, INC. makes every reasonable effort to provide you with services that are secure, accessible and operate properly, however, we cannot guarantee continuous proper operation and function at all times. We also use reasonable efforts to protect the content and information that you have submitted and/or posted in connection with our services and site. You acknowledge and agree that any information and/or content submitted and/or posted by you or your agent, is at your sole risk. Occasionally, matters beyond our control may arise that effect the security, accessibility and proper operation of this site.

By using CASHCASTERS, INC., you agree that said use it at your own risk. To the extent permitted by law, we hereby exclude any and all express or implied warranties, including but not limited to express or implied warranties of merchantability, non-infringement and fitness for a particular purpose. CASHCASTERS, INC.’S shareholders, officers, users, agents, owners, managers, directors, employees, successors and assigns, advertisers, third party service providers, shall not be liable or responsible for any losses or damages arising or resulting either directly or indirectly from the following:

any malware, viruses or malicious software, damage to your hardware device(s) obtained or downloaded as a direct or indirect result of the use of our services or site, use of or your inability to use our services or site, delays or disruptions in our services or site, action taken against you or your account including but not limited to removal of an item, cancellation or suspension of your account or use of our services or site, content, authenticity of content, product or service, actions or inactions of third parties, damages arising from your information being compromised or obtained illegally or without our permission, pricing or shipping of casts, posts, products or services, duration of casts or posts, any errors, omissions, problems, bugs or inaccuracies.
As permitted by applicable law, CASHCASTERS, INC., its shareholders, officers, users, agents, employees, directors, partners, third party affiliates, owners, managers, successors and/or assigns, advertisers and service providers shall not be liable to any user for any liability, including but not limited to criminal, negligence, tort, warranty for any lost profits, damages, whether indirect, direct consequential or other damages, losses, costs or fees, except if the paragraph below applies.
If the above limitation and waiver of liability is found to be void by law or a Court of competent jurisdiction, and we are found to be liable, then our liability to you or to any third party is limited to (a) the price the item sold for on CASHCASTERS, INC. including any applicable sales tax actually paid and its original shipping costs, (b) the total amount of fees in dispute not to exceed the fees which you paid to us in the 12 months prior to the cause of action that gave rise to the liability, or (c) $100.

RELEASE

If a dispute or disputes arise(s) between you and one or more users, you agree to release CASHCASTERS, INC., its shareholders, officers, users, agents, owners, managers, directors, employees, successors and assigns, advertisers, third party service providers and partners, from any and all causes of action, lawsuits, claims, demands and damages whether actual and/or consequential, of every and any kind, known and unknown, arising out of or in any way connected with said dispute(s). By agreeing to this release you hereby expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope and coverage of this release to include only those disputes or claims, which you may know to exist at the time of agreeing to this release herein.

LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND WILL CONTROL AND/OR IMPACT HOW CLAIMS THAT YOU AND CASHCASTERS, INC. HAVE AGAINST EACH OTHER ARE RESOLVED.

You hereby agree that any claim or dispute, whether at law or equity, that has arisen or may arise between us in any way relating to or arising out of the CASHCASTERS, INC. User Agreement your use of or access to our services and/or site, or any casts, posts, products or services sold or purchased through CASHCASTERS, INC., will be resolved in accordance with the terms and provisions as set forth in this Legal Disputes Section.

1. Applicable Law

You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and CASHCASTERS, INC., except as otherwise stated in the User Agreement.

2. Agreement to Arbitrate

A. Any dispute, controversy or claim arising out of or relating in any way to the use of CASHCASTERS, INC., including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the User Agreement or Terms of Use herein, shall be exclusively resolved by binding arbitration. The complaining Party shall notify the other Party in writing by certified mail. Within thirty (30) days of such notice, representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

B. This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.

C. The arbitration shall be conducted by one arbiter if the claim is for an amount under $20,000.00 and three arbitrators if the claim is in excess of $20,000.00. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association, in accordance with the terms of this agreement. For three arbitrators, each party shall select an arbitrator within ten days of commencement of the arbitration who shall serve as a neutral arbitrator and the two designated arbitrators shall select a third neutral arbitrator within twenty days. If the two arbitrators cannot agree on selection of a third arbitrator within twenty days of their appointment, the American Arbitration Association, shall select such arbitrator in accordance with the terms of this agreement.

D. The arbitrator[s] shall have ten years of experience in the area of law pertaining to the dispute at hand and also shall have served as an arbitrator at least three times prior to their service as an arbitrator in this arbitration.

E. The arbitration shall be conducted in accordance with the Rules of the American Arbitration Association.

F. The arbitration shall be conducted in Tampa, Florida or as otherwise mutually agreed to by the parties.

G. The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.

H. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty days from the date the arbitrator[s] are appointed. The arbitrator[s] may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.

I. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.

J. The Parties shall not be entitled to discovery in the arbitration except that any Party shall be entitled to request no more than 500 pages of documents and to take three depositions not to exceed four hours for each such deposition. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing.

K. The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten days before the arbitration hearing.

L. The arbitrator[s] shall have no authority to award punitive, consequential, special or indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief. The arbitrator[s] shall award interest from the time of the breach to the time of award at the rate as prescribed for prejudgment interest under Florida law.

M. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. This Section shall survive the termination or cancellation of this Agreement.

N. Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the arbitrator it designated, if there are three arbitrators, and the arbitration fees and expenses of the American Arbitration Association. The arbitrator[s] shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.

O. Each party may only bring forth a claim as an individual and not as a member of class action or representative thereof. The arbitrator[s] may not consolidate or join more than one person or party’s claim or preside over any form of class proceeding unless agreed to by all parties.

SEVERABILITY

We expressly reserve the right to make any changes to our site, policies, services, terms, provisions and conditions at any time. If any of these terms, provisions and conditions shall be deemed invalid, void, illegal or for any reason unenforceable, that term, provision or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions or conditions. The headings herein are for reference purposes only and do not limit the scope or extent of any section.

Any failure to act or pursue a remedy or cause of action with respect to a breach by you or others, does not constitute a waiver our right to act with respect to any subsequent, simultaneous or similar breaches. It is within our sole discretion whether we take action against any or all breaches of this User Agreement or Terms of Use. We may amend this Agreement at any time by posting the amendments on CASHCASTERS, INC.. without prior notice.

Any and all content included in or made available through CASHCASTERS, INC., including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of CASHCASTERS, INC. or its suppliers thereof and protected by United States and international copyright laws. The compilation of all content included in or made available through CASHCASTERS, INC. is the sole and exclusive property of CASHCASTERS, INC. and protected by U.S. and international copyright laws.

REVERSE ENGINEERING

You are expressly prohibited from, and you will not assist or authorize any other entity or person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, CASHCASTERS, INC.’S software, coding or programing, whether in whole or in part, or create any derivative works from or of the said software.