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Terms of Service

Terms of Service

Terms of Service
 

    Terms of Service 
    Last Updated: May 24, 2023


    These Terms of Service (“Terms” or “Terms of Service”) contain the terms and conditions on which Montana Casting Co., LLC d/b/a Montana Casting Co.® and our affiliated entities (“Montana Casting Co.®,” “us,” “our,” or “we”) provide Content (defined below) to you on www.montanacastingco.com (the “Website”) or through any other means or platform (the Website, together with the Content, the “Service”). Our Website is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and provide our Services to you. Please also note that we hold registrations for several other URLs that link to the Website, so if you visit the Website through one of those URLs, this Policy will also apply to you.

    Please review these Terms of Service and our Privacy Policy carefully before using the Service or purchasing our goods or services. These Terms of Service constitute a binding agreement between you and us. By using or accessing the Service or purchasing our products or services, you acknowledge, agree, and certify that (1) you have reviewed these Terms and Service and our Privacy Policy; (2) you agree to be bound by all terms and conditions of these Terms of Service and our Privacy Policy; and (3) you will at all times strictly comply with all international, federal, state, territorial, provincial, or local treaties, laws, regulations, or orders (collectively, “applicable laws”) and that you understand that your access or use of the Service or purchase of our goods and services is expressly conditioned on your compliance with all such applicable laws; (4) you are at least the legal age of majority in your jurisdiction of residence; and (5) you are a resident of the United States of America.

    IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, PLEASE IMMEDIATELY LEAVE OUR WEBSITE, DISCONTINUE USE OF OUR SERVICE, AND DO NOT PURCHASE ANY OF OUR PRODUCTS OR SERVICES.

    If you have any wish to contact us concerning these Terms of Service or any aspect of the Service, please contact us at:

    Montana Casting Co., LLC
    gethookedup@montanacastingco.com
    PO Box 7506
    Helena, MT 59604
    406-285-1452

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right change, add, modify, or remove portions of these Terms of Service at any time, which shall become effective as of the "Last Updated" date at the top of this page. You are responsible for reviewing these Terms of Service prior to each use of the Website. By continuing to use the Website, you irrevocably agree to any modifications or changes to these Terms of Service.

    We reserve the right at any time to modify or discontinue the Website or Service (or any part or content thereof) without notice. We also reserve the right to refuse service to any person for any reason at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Website or Service.

    1. Disclaimers

    For purposes of these Terms of Service, the term “Content” shall mean any product, service, image, photograph, video, file, .MP3, .GIF, information, or any other content in any other format, whether now existing or hereinafter developed, that is displayed, published, visible, linked from, referred to in, sold, offered, or transferred from, or otherwise posted on or through the Service or by us.

    The Content is offered for informational purposes only. We shall not be held responsible or liable for the accuracy of any information transmitted or made available through the Content, nor responsible for any error or omissions in any of that Content. Your reliance on the Content or any information associated with the Content is at your own risk. Not all information in the Content or Service is suitable for everyone. You understand and agree that you are solely responsible for your use of the Service.

    The Service is controlled and operated by us from our offices in the State of Montana. Your use of or access to the Service outside of the State of Montana should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of Montana.

    To the fullest extent permitted by applicable law, we disclaim, on behalf of ourselves and our affiliates, subsidiaries, parents, affiliates, licensors, managers, officers, members, partners, suppliers, employees, agents, and representatives any and all representations, warranties, and guarantees, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, completeness, informational content, error-free operation, appropriateness for use, compliance with applicable laws in your jurisdiction, or results to be obtained from use with respect to the Service. We make the Service available “as is”, without warranty of any kind. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusion may not apply to you.

    Your access and use of the Service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for other reasons. You assume the risk of any and all damage or loss from use of, or inability to use or access the Service.

    We have no control over, have no liability for, and make no endorsements of or concerning any third-party information, goods, services, products, websites, or other content or materials, even if they are linked to or from the Service or otherwise by us. We make no representations, warrantees, or guarantees about the accuracy, currency, content, or quality of the content and/or information provided by such third parties, and we assume no responsibility for third-party content. Any information or content on any third-party website or platform shall be governed by that party’s terms of use, which we encourage you to review.

    Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, and/or other matters. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). However, we shall have no obligation to update, amend, or clarify information in the Service or on the Website, including without limitation, pricing information, except as required by law. The "Last Updated" date at the top of these Terms of Service does not constitute a representation or warranty that all information in the Service or on the Website has been fully modified or updated as of such date or any other time.

    2. Device and Account Requirements

    To access the Service on your computer or device, your computer or device must satisfy certain system and technical requirements and have Internet access. You are solely responsible for all charges associated with your device, including, without limitation, Internet access and data charges by your wireless carrier or any third party.

    You may – but are not required – to create a user account to make purchases on the Website. We reserve the right to terminate, cancel, or refuse registration of a username or account as set forth in these Terms of Service. When creating an account, you will be required to select a username and password and provide us with certain information. Information you provide to us when you create an account with us is governed by the terms of our Privacy Policy. You may select a username that is not already in use on the Website, but you may not select usernames that are obscene, vulgar, or are intended to impersonate any other person, and we reserve the right to require you to modify or change your username and/or password if we believe that they violate these Terms of Service or present security concerns. You will also be required to select a password and will be solely responsible for maintaining the confidentiality of that password and all conduct on the Website. You may not provide access to your account to any third party or use a third party’s account. We are not responsible or liable for any harm that results from your disclosure of your password and/or username to any third party or any third party’s disclosure of their password and/or username to you. You are required to notify us if you learn of any third party accessing your account, username, or password for any reason.

    3. Electronic Notifications

    By providing us with your email address, you give us permission to send you emails about our services, products, and other updates. You have the right to opt out of receiving future marketing, promotional, or emails from us at any time by following the instructions set forth in any such emails, including by clicking the “Unsubscribe” button included at the bottom of each email.

    Even if you opt out of such communications, we may nevertheless transmit non-promotional communications to you, such as communications concerning our business relationship with you. We may not accommodate a request to change Personal Information (as defined in our Privacy Policy) if we believe that the requested change would violate any law or legal requirement or cause the information to be incorrect.

    4. Intellectual Property Matters

    Our Intellectual Property: All contents of the Service are Copyright © 2023 Montana Casting Co.®. All rights are reserved.  All of our trademarks, logos, brand names, service marks, trade dress, trade names, copyrights, patents, domain names, trade secrets, text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through or embedded in the Service, and all other proprietary rights (collectively, “Intellectual Property”) whether registered or not, are our property or are licensed to us. Montana Casting Co.® and its licensors exclusively own all right, title, and interest in and to the Service, including all Intellectual Property.

    User Content: User content consists of any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service that users (including you) provide to be made available through the Service (“User Content”). Montana Casting Co.®   in any User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your User Content. User Content shall not promote any illegal activity, or advocate, promote or assist any unlawful act. We reserve the right, at any time and in our sole discretion, to review, approve, edit, delete, and/or reject any User Content you try to post or post on the Service.

    Limited License Granted by Montana Casting Co.®: We grant you a revocable limited, personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, and non-exclusive license to use the Service, access and download the Content, and use the software embedded into the Service only as authorized by these Terms of Service.  We do not grant you, and nothing on the Service should be understood as granting you a license to use, copy, modify, reproduce, publicly perform or display, use, or otherwise exploit for commercial purposes any part of the Service or Intellectual Property. You must obtain our prior and express written permission to modify, create derivative works of, copy, edit, sell, lease, transmit, display, publish, or post any part of the Service or Intellectual Property.

    Limited License Granted by You: By making any User Content available through the Service you hereby grant to Montana Casting Co.® an irrevocable, non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Service to you and to other users. You acknowledge and agree that we are under no obligation (1) to maintain any User Content in confidence (other than as may be required in our Privacy Policy); (2) to compensate you or any other person for any User Content; or (3) to respond to any User Content.

    Access to External Resources: The Service may contain links to or provide access to third-party applications, websites, goods, services, information, or other content. We have no control over third-party resources and are not responsible for their content or availability.

    5. Digital Millennium Copyright Act Notice

    If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    6. Prohibited Conduct

    You agree not to do any of the following:

    1. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, proprietary rights, confidentiality rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law; (c) is fraudulent, false, misleading, untrue, or deceptive; (d) is defamatory, threatening, harassing, vulgar, obscene, or offensive; (e) promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or (f) promotes illegal or harmful activities or substances;

    2. Engage in any conduct or use or products or Service in any way that violates any applicable laws in your jurisdiction.

    3. Use, display, or publish the Service, or any individual element within the Service; the Montana Casting Co.®   name, Intellectual Property, or other proprietary information; without Montana Casting Co.’s express written consent;

    4. Access, tamper with, or use non-public areas of the Service, Montana Casting Co.’s computer systems, or the technical delivery systems of Montana Casting Co.’s providers;

    5. Attempt to probe, scan, or test the vulnerability of any Montana Casting Co.® system or network or breach any of the security or authentication measures that we use or that are used by Apple or Google for access to our Service;

    6. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Montana Casting Co.® or any of Montana Casting Co.’s providers or any other third party (including another user) to protect the Service;

    7. Attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Montana Casting Co.® or other generally available third-party web browsers;

    8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    9. Use any meta tags or other hidden text or metadata utilizing a Montana Casting Co.® trademark, logo URL or product name without Montana Casting Co.’s express written consent;

    10. Use the Service for any commercial purpose or the benefit of any third-party or in any manner not permitted by these Terms of Service;

    11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

    12. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software, including, without limitation, the source or object code, used by us in providing the Service;

    13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, malware, crashing, overloading, flooding, spamming, or mail-bombing the Service;

    14. Collect or store any personally identifiable information, personal data, personal information, or other sensitive information from the Service or from other users of the Service without their express consent;

    15. Impersonate or misrepresent your affiliation with any person or entity;
    16. Promote any illegal activity, or advocate, promote or assist any unlawful act; or

    17. Encourage or enable any other individual to do any of the foregoing.

    Although we are not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms of Service, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Service. We reserve the right to investigate violations of these Terms of Service or conduct that affects the Service, and to suspend or terminate your access to the Website or our Service if we determine that you violate these Terms of Service or any of our other policies in any way. We may also consult and cooperate with law enforcement authorities to prosecute users who violate applicable laws.

    7. Governing Law

    These Terms of Service shall be governed by and construed in accordance with the internal laws of the State of Montana without regard to any conflicts-of-law principles that would result in the application of another jurisdiction's laws.

    8. Dispute Resolution

    By employing the Service, we do not consent to jurisdiction, venue, or choice of law in or of any jurisdiction. Any dispute with respect to or arising from or relating in any way to the Service shall be governed solely and exclusively by the laws of the State of Montana without regard to its laws relating to choice of laws, and the forum to resolve any such dispute or disagreement shall be a court located solely and exclusively within the City of Helena, State of Montana, United States of America, and no other forum whatsoever.

    9. Indemnification

    By using the Service or purchasing any product or service on the Service, you agree to indemnify, defend, and hold harmless Montana Casting Co.® and its employees, agents, contractors, contributors, affiliates, members, managers, officers, directors, shareholders, attorneys, advisors, and representatives (“Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, allegations, causes of action, actions, judgments, assessments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under these Terms of Service, and the cost of pursuing any insurance providers, whether direct, contingent, or consequential and no matter how arising, whether or not meritorious, incurred by an Indemnified Party or awarded against an Indemnified Parties (collectively, “Losses”), arising out of or resulting from any claim of a third party arising from or relating to any acts or omissions you commit, including but not limited to, your violation of any applicable law; your violation of these Terms; any act or omission of yours while using the Service; or any act or omission of any third party whom you allow to access your account or the Service on your behalf.

    10. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER MONTANA CASTING CO.® NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“LIMITED PERSONS”), ARE OR WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST REVENUES OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY REASON. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL LIMITED PERSONS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN STRICT LIABILITY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO MONTANA CASTING CO.® IN THE PRECEDING TWELVE (12) MONTHS, IF ANY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    11. Force Majeure

    You agree that Montana Casting Co.® shall not incur liability to you or any other person, and shall not be responsible for any failure to perform any of its obligations hereunder or under any other policy of Montana Casting Co.®  , if such failure is caused by reason of strike, other labor trouble, governmental rule, regulations, ordinance, statute or interpretation, or by fire, earthquake, civil commotion, or any and all other causes beyond the reasonable control of Montana Casting Co.® (in each case, a "Force Majeure Event"). The amount of time for Montana Casting Co.® to perform any of its obligations to you shall be extended for the amount of time Montana Casting Co.® is delayed in performing such obligation by reason of such Force Majeure Event.

    12. Termination

    These Terms of Service are a binding agreement between you and Montana Casting Co.® and shall remain in effect until terminated by you or Montana Casting Co.®. You may terminate these Terms of Service by no longer using our Website or Service or by providing us with written notice, provided that your termination shall not be effective if you continue to use the Website or Service. We may terminate these Terms of Service for any reason as noted elsewhere in these Terms of Service. The obligations and liabilities of you and Montana Casting Co.® incurred prior to the termination of these Terms of Service shall survive the termination hereof for all purposes.

    13. Entire Agreement

    These Terms of Service constitute the entire agreement between you and us relating to the subject matter of these Terms of Service and supersede any and all prior or contemporaneous written, oral, or implied agreements, understandings, promises, or representations of any nature between us with respect to such subject matter, except with respect to our Privacy Policy and other independent terms, policies, or agreements.

    14. Restrictions on Assignment

    You may not transfer, assign, or convey these Terms of Service, the Privacy Policy, any other policy or agreement between you and Montana Casting Co.® or any rights granted to you in accordance with any of the foregoing or otherwise by or on behalf of us, without our prior written consent. Any attempt by you to transfer or assign any of the foregoing without our prior consent will be void ab initio. To the maximum extent permitted by applicable law, Montana Casting Co.® may freely assign these Terms of Service as part of a sale or transfer of part or all of our business or assets. Any permitted transfer will inure to the benefit of and bind any successors in interest.

    15. Meanings of Certain Terms

    Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. As used in these Terms of Service, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms of Service as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; (e) words denoting any gender include all genders; (vi) the word "days" refers to calendar days; and (f) the word "dollars" or symbol "$" refers to United States dollars.

    16. Severability

    Where any provision of these Terms of Service is found to be invalid, void, or unenforceable in any jurisdiction, then to the maximum extent permitted by applicable law, such provision shall be reformed or reinterpreted as minimally required to accomplish the objectives while maintaining the original intent of such provision. If reformation is not possible for any reason, then the offending provision will be deemed struck and deleted from these Terms of Service in such jurisdiction and shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

    17. No Waiver

    No waiver by Montana Casting Co.® of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Our failure to respond to a request (whether or not such request is made in writing) shall not be deemed to be assent or agreement by us to such request. Our exercise by any of our rights, elections, or remedies under or relating to these Terms of Service will be without prejudice to our exercise of any other rights, elections, or remedies under the Agreement or otherwise permitted by applicable law, except as specifically set forth in these Terms of Service.

    18. No Third-party Beneficiaries

    Except with respect to the Indemnified Parties, each of whom are expressly deemed third-party beneficiaries hereunder and may enforce any and all provisions of these Terms of Service as if they were parties to these Terms of Service, these Terms of Service are for the sole benefit of you and Montana Casting Co.® and our respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Service.

    19. Notices and Correspondences

    You may send notices in relation to the Agreement to us using the contact information displayed above. To the extent permitted by applicable law, you agree that any email notice from us at the primary email address associated with your orders at the time we send a notice is your address for notices. Any notice sent to you at such email address shall be deemed received when sent.

    All correspondence relating to these Terms of Service must be written in English.

    20. Copies of these Terms of Service

    A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings or arbitration based upon or relating in any way to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.