Welcome to the website of Am Cast, Inc. (the “Website”). We maintain the Website as a service to our customers. By using the Website, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms and Conditions of Use”). Please review the following Terms and Conditions of Use carefully. If you do not agree to these terms, you should not use this Website.

The Website is operated by Am Cast, Inc., a New York corporation having an address at 6080 Jericho Turnpike, Suite 318, Commack, New York 11725.

LIMITED RIGHT TO USE- The viewing, printing or downloading of any graphic, form, document or other content from the Website grants you only a limited, non-exclusive and non-transferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Website and its content terminates the license granted by Am Cast, Inc.

You will be solely responsible for all damages and other harm resulting from your use of the Website and its content.  Am Cast, Inc. shall not be deemed liable for any use of the Website and its content made by you in violation of any applicable laws and regulations or these Terms and Conditions of Use.

USER’S SUBMISSIONS- You represent and warrant that any review, comment, suggestion, idea, image, content or other material (the “Material”) you submit to Am Cast, Inc. is not violation of any applicable laws and does not violate any right of any third party, including privacy and intellectual property rights.

By disclosing, submitting or offering any Material to Am Cast, Inc., you grant Am Cast, Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and/or display such Material throughout the world in any media.

You are and shall remain solely responsible for any Material you disclose, submit or offer to Am Cast, Inc.

PRIVACY- We recommend that you read our Privacy Policy, which explains our online privacy practices.

COPYRIGHT- All content included on the Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (the “Content”), is the property of Am Cast, Inc. or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Am Cast, Inc. or its content suppliers, as the case may be.

Am Cast, Inc. and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content.  Am Cast, Inc. and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Website and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Am Cast, Inc. or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Am Cast, Inc., its affiliates or its content suppliers without express written consent. You may not use any meta tags or any other "hidden text" utilizing Am Cast, Inc.’s name or trademarks without the express written consent of Am Cast, Inc.  Any unauthorized use terminates the permission or license granted hereunder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of amcastonline.com so long as the link does not portray Amcast, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter, to be determined in Am Cast, Inc.’s sole discretion. You may not use any Am Cast, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

COPYRIGHT COMPLAINTS- We respect the intellectual property of others. If you believe that your work has been copied on our Website, in a way that constitutes copyright infringement, please provide Am Cast, Inc.’s copyright agent the written information specified below. 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• You address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s address.

 

Am Cast, Inc.’s copyright agent for notice of claims of copyright infringement can be reached at info@amcastonline.com.

TRADEMARKS AND/ OR SERVICEMARKS- Am Cast and related marks are pending service marks of Am Cast, Inc., all rights reserved. These and any other trademark, service mark and trade dress of Am Cast, Inc., including, but not limited to, any mark that incorporates the word “Am Cast” or the domain name “amcastonline.com”, may not be used by you in any manner for any purpose without the prior express written consent of Am Cast, Inc.

All other trademarks, service marks and trade dress not owned by Am Cast, Inc. that appear on the Website are the property of the respective owners (the “Third Party Owners”), who may or may not be affiliated with, connected to, or sponsored by Am Cast, Inc.

Am Cast, Inc. and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.

You are not authorized to use any of the trademarks, service marks and trade dress that appear on the Website in any manner for any purpose without the prior express written consent of Am Cast, Inc. or the respective Third Party Owner, as the case may be.

LINKS TO THIRD PARTY WEBSITES- The Website may provide hyperlinks to third party websites (the “Third Party Websites”).  Am Cast, Inc. does not operate, control, endorse or guarantee any Third Party Websites.  You agree that Am Cast, Inc. is not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on the Website, please carefully read the terms and conditions of use and other policies of such Third Party Website.  Our Terms and Conditions of Use and other policies do not apply to any Third Party Website.

Am Cast, Inc. provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, Am Cast, Inc. does not recommend that its users access such Third Party Websites.  YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY AM CAST, INC., EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS AM CAST, INC.  LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

DISCLAIMERS AND LIMITS- THE WEBSITE IS PROVIDED BY AM CAST, INC. ON AN “AS IS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AM CAST, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, AM CAST, INC. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  AM CAST, INC. DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM THE WEBSITE OR AM CAST, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  AM CAST, INC. DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE WEBSITE.   YOU UNDERSTAND THAT THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF AM CAST, INC. AM CAST, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION- You agree to indemnify, defend and hold Am Cast, Inc. harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the Website and/or your breach of these Terms and Conditions of Use.

EDITING, DELETING AND MODIFICATION- We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.   

INFORMATION AND PRESS RELEASES- The Website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

SEVERABILITY- If any provision of these Terms and Conditions of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions of Use remain in full force to the extent permitted by law.

WAIVER- Any failure by Am Cast, Inc. to enforce any provision of these Terms and Conditions of Use shall not be construed as a continuing waiver of any rights under such provision.

APPLICABLE LAW; JURISDICTION- Except as otherwise expressly provided, the laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions of Use and the other Website policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement.  Except as otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms and Conditions of Use and the other Website policies shall be brought solely in the City of New York, State of New York.

HEADINGS- The headings contained in these Terms and Conditions of Use are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of these Terms and Conditions of Use.

CONTACT INFORMATION- If you have any questions regarding these Terms and Conditions of Use, please contact Am Cast, Inc. at info@amcastonline.com.

If you need any other assistance, please email our Customer Service department at ray@amcastonline.com.