Terms & Conditions

Welcome to the CastAwayRods® website ("Website"), owned and operated by CastAway Outdoors, LLC. By accessing or using this Website, you agree to be bound by these Terms & Conditions ("Agreement").

CastAway Rods® reserves the right to modify this Agreement at any time without prior notice. Changes become effective upon either:

  1. Posting the updated Agreement on the Website, or
  2. Providing direct notification of modifications.

It is your responsibility to review these terms periodically to stay informed of any changes.

ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION/JURY TRIAL WAIVER.

By using this Website, you agree to resolve disputes through individual arbitration and waive the right to participate in class actions or jury trials, as detailed below.

DEFINITIONS
  • "Agreement" – These Terms & Conditions.
  • "Personally Identifiable Information" – Data that identifies an individual, such as name, Social Security number, address, phone number, or biometric data.
  • "Website" or "Site" – The web pages you are currently viewing.
  • "User" or "You" – Any person, entity, or organization accessing this Website.
SECURITY

Any communication made via this Website, including emails and forms, should be considered insecure unless explicitly stated otherwise.

REFUSAL & TERMINATION OF SERVICE

CastAway Rods® reserves the right to refuse or terminate service at any time, with or without cause or notice, including for violations of this Agreement.

LICENSE TO USE THE WEBSITE

CastAway Rods® grants you a limited, non-transferable, non-sublicensable, and non-exclusive license to use the Website in real-time, subject to this Agreement.

INTELLECTUAL PROPERTY
COPYRIGHTS

All content on this Website, including text, graphics, images, video, and audio material ("Copyright Material"), is owned or licensed by CastAway Rods® and protected by U.S. and international copyright laws.

You may view and download content for personal, non-commercial use only. Any modification, reproduction, distribution, or commercial use of Website content without written consent is strictly prohibited.

TRADEMARKS

CastAway Rods® and associated brand names, including INVICTA II™, CRANKIN’ SERIES™, CROAKER SMOKER™, PRO SPORT CX2™, and others, are trademarks of CastAway Rods®. Unauthorized use is strictly prohibited.

All third-party trademarks appearing on this site are the property of their respective owners.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe your copyright has been infringed, please submit a DMCA complaint to:

Trademark Attorney
Trademark Attorney Law Firm
1234 Main Street
City, State Zip
Email: attorney@attorneyfirm.com

Your claim must include:

  • A description of the copyrighted work.
  • Identification of the infringing material.
  • Contact information.
  • A statement of good faith belief that the use is unauthorized.
  • A declaration under penalty of perjury confirming the accuracy of your claim.

Counter-Notice: If you believe your content was removed in error, you may file a counter-notice with the same contact details. If no legal action is taken within 10–14 business days, your content may be restored.

SUBMISSIONS

CastAway Rods® does not accept unsolicited creative ideas, suggestions, or materials. Any submissions you send become the property of CastAway Rods®, including all intellectual property rights, without compensation.

USER REPRESENTATIONS & WARRANTIES

By using this Website, you represent and warrant that:

  • You are at least 18 years old and legally able to enter this Agreement.
  • Any information you provide is accurate and up to date.
  • You will not upload or share infringing or unlawful content.
  • You will not provide personal information of anyone under the age of 13.
GOVERNING LAW & ARBITRATION

This Agreement shall be governed by Texas law, without regard to conflicts of law principles.

All disputes must be resolved through binding arbitration in Montgomery County, Texas under AAA Construction Arbitration Rules.

You waive any right to a jury trial or class action lawsuit.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CastAway Outdoors, LLC, its affiliates, officers, employees, and representatives from any claims, damages, or liabilities arising from:

  • Your use of the Website.
  • Your violation of these Terms & Conditions.
  • Your infringement of third-party rights.

Settlements affecting CastAway Rods® require prior written approval.

LIMITATION OF LIABILITY

CastAway Rods® is not liable for any damages arising from:

  • Your use or inability to use this Website.
  • Any purchase or service from CastAway Rods®.
  • Third-party links or content.

If liability is found, damages are limited to the amount you paid to CastAway Rods®.

DISCLAIMER OF WARRANTIES

ALL CONTENT, PRODUCTS, AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

CastAway Rods® disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.

CastAway Rods® is not responsible for any indirect, incidental, punitive, or consequential damages resulting from Website use.

FINAL PROVISIONS

By using this Website, you agree to these Terms & Conditions. If any provision is found to be unenforceable, the remaining terms remain in full effect.

For further questions, please contact: info@castawayrods.com