Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) APPLY TO YOUR USE OF ANY PART OF CASTLE Worldwide, Inc., INC.’S WEB SITE (THE “ SITE”) EACH TIME THAT YOU USE IT. BY ACCESSING, DOWNLOADING INFORMATION FROM OR OTHERWISE USING THE SITE YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, INCLUDING ANY MODIFICATIONS OR AMENDMENTS TO THIS AGREEMENT THAT MAY BE MADE IN THE FUTURE. THE TERMS AND CONDITIONS CONTAINED IN THE "PRIVACY POLICY" ( SEE Privacy Policy ) ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITE.

1. Responsibility of User. You are responsible for ensuring that only you or your designees have access to any Site user ID and password, which may now or in the future be provided to you. Any information transmitted through the Site will be solely the responsibility of the registered user whose ID and password were utilized to gain access. A registered user should immediately change its password if unauthorized use of the Site occurs. CASTLE Worldwide, Inc., (“CASTLE”) reserves the right to modify these terms and conditions at any time.

2. Permissible and Prohibited Uses. You may not use the Site for anything other than a lawful and legitimate purpose. You may not reproduce, upload, post, transmit, download or distribute any part of the information contained in this site other than to create a single electronic copy on your computer’s hard drive or diskette or a single printed copy of portions of the content for your personal, non-commercial use. You also may not store or archive a significant portion of the site content or create a database using the content. Examples of prohibited uses of the Site include, but are not limited to, the following: (a) deceptive and unfair trade practices; (b) placement on the Site of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Site; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of the Site; (d) insertion of links to other sites of whatever character; (e) promotion of any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; (f) unauthorized alteration of any data or information supplied by another user of the site: or (g) any activity that infringes on the copyright, patent, trademark or other rights of any person or entity. If you engage in a prohibited use of the Site you may be barred from any future use of the Site. Any content introduced to the Site as a result of or which constitutes an impermissible use, as determined in the sole discretion of CASTLE, may be removed from the Site. If you engage in a prohibited use of the Site, You will be liable to CASTLE for damages it incurs as a result.

3. Effects of Errors. All users of the Site are responsible for the accuracy of the information that they transmit through the Site. Therefore, you should take all measures necessary to ensure that the information you supply is accurate, complete and current. Since CASTLE acts merely as a passive conduit for information supplied by other parties to it, in no event will CASTLE be responsible in any way for errors in information transmitted through the Site by you or any user. It is possible that accurate information submitted to us by a user of the Site will be corrupted due to the presence of "bugs" in software, viruses or other causes. In the event that accurate information transmitted by you is modified by CASTLE without authorization, whatever the cause, CASTLE will not be liable for damages to you.

4. Downtime. CASTLE takes all commercially reasonable measures to ensure that the Site is available without interruption, except for any scheduled down time needed to help maintain effective operation of the Site. However, difficulties with hardware, software and equipment and services supplied by others may result in service interruptions. In such cases, CASTLE will take those measures that it deems reasonable to accommodate the interests of its clients. In no event will CASTLE be liable to any party for any loss, cost or damage that results from any period of down time suffered by the Site.

5. Venue Only. CASTLE does not screen, edit or review material submitted by users of forums in the Site and can therefore accept no responsibility or liability for any such material that may reside in or is accessed by the Site. The opinions expressed in the forums are those of users and not necessarily those of CASTLE. CASTLE may remove any such material at any time for any reason. CASTLE DOES NOT CONTROL, AND THEREFORE DOES NOT WARRANT, IN ANY WAY, ANY OF THE CONTENT, COURSES OR MATERIAL THAT IS PROVIDED ON OR THROUGH THIS SITE, OR THE TRUTH OR ACCURACY OF ANY REPRESENTATIONS, DATA, FACTS OR PHOTOS RELATED TO SUCH CONTENT, COURSES OR MATERIAL. THE SITE IS PROVIDED “AS IS.” CASTLE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6. CASTLE’s Proprietary Rights. You acknowledge and agree that the Site, the services provided through the Site, and any necessary software used in connection with the Site (the “Software”) contains proprietary and confidential information, including but not limited to text, graphics, logos, icons, images and the arrangement and compilation of such Site content, which is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or the Site’s advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CASTLE or our advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part without the express written permission of CASTLE. You agree and acknowledge that CASTLE’s vehicle auction process, including all associated proprietary information and rights, is a proprietary process protected by copyright, trademark, trade secret or other intellectual property rights owned by CASTLE, and you expressly agree, covenant and warrant that you shall not intentionally infringe upon these rights.

7. Trademark Information. CASTLE, the CASTLE logo, Columbia Assessment Services, and CAS are trademarks of CASTLE Worldwide, Inc., All other company, product or service names referenced on the Site are used for identification purposes only and may be trademarks of their respective owners.

8. Links. CASTLE may provide, or third parties may provide, links to other web sites or resources. Because CASTLE has no control over such sites and resources, you acknowledge and agree that CASTLE is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CASTLE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Access and Interference. The Site contains proprietary information, features and technology and you agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction or service being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on the Site is proprietary or is licensed to CASTLE by our users and sponsors or other third parties.

10. Privacy. CASTLE maintains personally identifiable information collected through the Site in the strictest confidence. However, we do aggregate data for purposes of analyzing it to assess market and business trends, and any such aggregated data and analysis is the property of CASTLE, which it may disclose for any purpose and in any form that does not directly identify a party to a given transaction. The only exceptions to this nondisclosure policy will be: (a) where the parties to the transaction have authorized CASTLE to make the disclosure; (b) CASTLE believes in good faith that the disclosure is necessary to comply with law; (c) to enforce CASTLE's rights under these terms and conditions; or (d) when necessary to protect the legitimate interests of CASTLE or others. Please read our full Privacy Policy at [Privacy Policy].Notwithstanding the foregoing, all concepts, ideas, comments, manuscripts, illustrations and all other materials disclosed or offered to CASTLE on or in connection with the Site (excluding personally identifiable information such as name, address, date of birth, telephone number, social security number, etc.,) are submitted without any restrictions or expectation of confidentiality. CASTLE shall have the right to use, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.

11. Suspension or Termination of User of the Site. Without limiting our other remedies in law or equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your ability to access the Site and refuse to provide our services to you if (a) you breach this Agreement or any term of any document it incorporates by reference; (b) CASTLE is unable to verify or authenticate any information you provide to it (which it has no duty to do but may pursue in our sole and absolute discretion); or (c) CASTLE believes, in its sole and absolute discretion, that your actions may cause, result in or carry a risk of legal liability for you, a Site user or CASTLE.

12. Liability Limit. IN NO EVENT SHALL CASTLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.

13. Indemnity. You agree to indemnify and hold CASTLE and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from or in connection with your use of the Site, use of CASTLE’s auction services, breach of this Agreement or any term of any document it incorporates by reference or your violation of any law, any contract or the rights of a third party.

14. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site.

15. No Agency. You and CASTLE are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

16. Governing Law, Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees.

17. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, and all documents incorporated herein by reference, set forth and constitute the entire understanding and agreement between us with respect to the subject matter hereof.

18. Jurisdiction. Subject to the arbitration terms set forth in Section 16, all disputes with respect to this Agreement shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. The parties to this Agreement each consent to the in personam jurisdiction and venue of such courts. The parties agree that service of process upon them in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.