TERMS OF USE
Last updated January 26, 2017
IMPORTANT: ALL USERS MUST READ THESE TERMS
Acceptance of Terms and Conditions. Please carefully read CRCO, LLC dba CRCO Terms of Use, Seller’s Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from Sellers who advertise Goods on the Site, selling Goods on the Site, or using the Site. By accessing or using castlerockco.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; (3) by making purchases from Sellers who sell on the Site; and/or (4) selling Goods on the Site.
BY USING THE SITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE OR PURCHASE ANY ITEMS AVAILABLE FROM SELLERS THROUGH THIS SITE.
PRODUCT SALES
The products sold on CRCO are sold by third parties not associated with CRCO. CRCO operates a community site that posts information and has a marketplace (the “Marketplace”) where other users may sell products and/or services (the “Goods” or a “Good”).
GENERAL
The Site. CRCO allows you to read information on the Site and purchase items from other Users who sell Goods (the “Seller” or “Sellers”) on the Site. These Terms of Use govern the use of this Site by you and the purchase of Goods from Sellers through the Site by you. By using this Site (other than to read these Terms of Use for the first time) or by creating an account, you agree to comply with these Terms of Use. The right to use this Site is personal to you and is not transferable to any other person or entity. You agree that you are responsible for protecting the confidentiality of your password if you create an account. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions. If you sell Goods through the Site, you will also be subject to the Seller’s Terms of Use.
Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that CRCO, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. You may only purchase items from Sellers if you are 18 or older.
Your Account. In order to comment on articles on this Site and/or purchase items from Sellers on this Site, you may establish an account with CRCO. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of items from Sellers on the use of the Site that occur under your account or your account password. You acknowledge and agree that CRCO may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if CRCO is required to do so by law or legal process or if CRCO determines, in its sole discretion, that such action is necessary to protect the rights of CRCO, third parties, and other users of the Site or for purposes of responding to you. CRCO’s right to disclose any such information shall govern over any terms of our Privacy Policy. If you choose not to establish an account, you agree and acknowledge that your ability to use features of the Site, including making purchases from Seller’s on the Site, may be limited.
Changes to the Terms of Use. CRCO reserves the right to make any modification to these Terms of Use as CRCO deems necessary or desirable without prior notification to you. CRCO suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If CRCO makes changes to our Terms of Use and you continue to use the Site, including, but not limited to, logging into your account or purchasing items from Sellers on the Site, you are agreeing to and accepting the Terms of Use, Seller’s Terms of Use (if applicable) and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use, Seller’s Terms of Use, or Privacy Policy shall be effective immediately upon CRCO’s posting thereof.
Privacy Policy. CRCO cares about your privacy. CRCO’s Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of CRCO and that communications with CRCO can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, CRCO employs reasonable measures to protection your information from unauthorized use or disclosure. While CRCO makes these reasonable precautions against loss or theft of data, neither CRCO nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is CRCO’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.
PURCHASES
Minimum Age. All purchasers must be at least 18 years of age or older to buy from Sellers who list Goods on the Site.
Products Descriptions. In describing and portraying products on the Site, CRCO attempts to ensure that Seller’s listings are as accurate as possible. However, CRCO does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. CRCO reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that many Goods sold on CRCO are handmade and unique, and that there may be variations in color and/or size, either now or over time, due to the difference in what you see on a computer screen versus in real life, the handmade nature of some Goods, and the materials used in the creation of these Goods.
Returns. Each Seller sets its own return policy. Please carefully read all information in the listing about the Good as some Goods are non-returnable. After purchase all issues related to the Goods should be handled directly with the Seller of the Good.
Receiving Goods. Within three business days of purchase, you should receive a call or email from the Seller of the Good. Please read all information in the listing to determine how you are to receive you Good (for example, is the Good a service that is performed at your house or another location, is the Good require pickup from the Seller’s store, etc.). Unless explicitly stated, most Goods must be picked up in person at Seller’s location.
Taxes. Unless otherwise stated, the sales price includes Colorado sales tax if required for the Good.
Payment. Payment for all products is processed through Paypal. Please refer to paypal.com for information regarding the use of any personal information you submit.
Intellectual Property
Change in the Site, its Contents, and its Features. CRCO reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or Sellers who can offer Goods through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. CRCO may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that CRCO shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, CRCO may request additional information at any time by you to update or enhance benefits and/or use of the Site.
Communications. This Site and all content contained within are private property. All interactions on this Site must comply with these Terms of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or letter to CRCO), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted CRCO a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that CRCO may use any User Communication for any purpose in CRCO’s sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that CRCO shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication.
Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold CRCO responsible or liable for any User Communication from another user that you access on the Site. Moreover, CRCO reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if CRCO finds that such feedback is untrue or abusive. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that CRCO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. You agree and acknowledge that any reviews of Sellers must be truthful.
Copyright and Trademarks. The Site is owned and controlled by CRCO and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by CRCO. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE PAGES IN THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF CRCO IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from CRCO unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. CRCO also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. CRCO does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of CRCO and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of CRCO, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of CRCO, unless otherwise stated.
Copyright and Trademark Complaints. CRCO respects the intellectual property rights of others. CRCO is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and CRCO requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When CRCO receives proper Notification of Alleged Copyright Infringement, CRCO promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see our Copyright Policy to report infringement of your copyright. CRCO may, at its sole discretion, terminate users who are deemed by CRCO to be have committed copyright infringement, whether or not there is any repeat infringement.
Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by CRCO (“Third Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and CRCO cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by CRCO. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by CRCO. CRCO is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding CRCO. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that CRCO’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.
Warranties/Disclaimers
Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER CRCO, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE GOODS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CRCO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL CRCO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CRCO, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. CRCO IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY CRCO. MOREOVER, CRCO RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, CRCO, DEEMS UNSUITABLE.
Purchased Goods. ALL PURCHASES OF GOODS ARE THROUGH THE SELLER OF THAT GOOD. IF YOU HAVE ANY DAMAGES DUE TO THE GOODS, YOU MUST GO THROUGH THE SELLER OF THE GOOD TO ADDRESS SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT YOU HOLD HARMLESS CRCO FOR ALL DAMAGES OF ANY NATURE, FINANCIAL OR PHYSICAL, THAT RESULT FROM YOUR USE OF A GOOD.
Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if CRCO is otherwise found to be liable to you in any manner, then CRCO’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed fifty United States dollars for users of the Site that are not Sellers. For Sellers, the limitation on damages is listed in the Seller’s Terms of Use. You agree to defend, indemnify, and hold harmless CRCO, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Termination
Either you or CRCO may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site. CRCO may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any items from a Seller who sells through CRCO prior to termination, you will still be required to remit payment for such items.
Miscellaneous
Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.
Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CRCO. All parties consent to the jurisdiction and venue of the Douglas County District Court for disputes concerning this Agreement unless the disputes involve any issues that must be determined by a federal court, in which case all parties consent to the jurisdiction and venue of the United States Court for the District of Colorado located in Denver, Colorado.
Indemnity. You agree to indemnify and hold CRCO, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.
Electronic Communications. You consent to receive electronic communications from CRCO either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.