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.
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.
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:
CASTING AND POSTING REQUIREMENTS
When casting or posting a product or service you agree that:
When buying an item, you agree that:
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
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:
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.
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
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.
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 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.
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.