Last revised March 2023

These terms and conditions of use (“Terms of Use”) govern your use of The Worm Casting Company, LLC (“The Worm Casting Company”) website (the “Site”). Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. Compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site.



The Worm Casting Company encourages you to read carefully these Terms of Use before using the Site. We offer this website, including all information, tools, product and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.




OWNERSHIP OF THE SITE AND CONTENT

All pages within this Site and any material made available for download, unless otherwise noted, are the property of The Worm Casting Company, its affiliates, its licensors, or other providers of such material. Content of this Site are protected by United States and trademark laws. Except as described in these Terms of Use, the content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by The Worm Casting Company in writing.



You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice.



THIRD PARTY COPYRIGHTS AND TRADEMARKS

The Site may include references to third-party trademarks, and copies of third-party copyrighted materials, which are the property of their respective owners. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by The Worm Casting Company.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Worm Casting Company and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses arising from or related to your use of any Content downloaded or otherwise obtained from the Site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of The Worm Casting Company or any other person or entity.



SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. 

Violations of system or network security may result in civil or criminal liability. 

The Worm Casting Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from The Worm Casting Company on this Site and other than generally available third-party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).

 Access to this Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. The Worm Casting Company cannot predict or control when such downtime may occur and cannot control the duration of such downtime.



ACCESS TO SITE

To access the Site or some of the resources it offers (including any resources that allow you to post, view, or comment on content on the Site), you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to using any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The Worm Casting Company reserves the right to refuse your access and/or suspend your account for any reason in its sole discretion, including without limitation if it believes you have submitted fraudulent registration information.

 Certain limited access portions of the Site may require a user ID and password (“Protected Areas”). You agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by The Worm Casting Company at any time with or without cause. You are fully responsible for all activities that occur under your user ID. You agree to notify The Worm Casting Company immediately of any unauthorized use of your username and/or password. Automated account creation, participation, and content scraping is strictly prohibited.



LINKS TO OTHER SITES

This web site may contain links to, or be accessed through links on, other web sites. All links on the Site are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of these third-party sites.

 The Worm Casting Company does not have responsibility for the content, availability, operation or performance of any other sites, to which this web site may be linked or from which this web site may be accessed. In addition, a link to a non-The Worm Casting Company website does not mean that The Worm Casting Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. 

ACCURACY AND INTEGRITY OF INFORMATION

Although The Worm Casting Company attempts to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform The Worm Casting Company so that it can be corrected. 



Information contained on the Site may be changed or updated without notice. Additionally, The Worm Casting Company and its affiliates shall have no responsibility or liability for information or Content posted to the Site from any non-The Worm Casting Company affiliated third party. We have made significant efforts to accurately display the colors and textures of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. 



This Site may be accessed by users internationally and may contain references or cross references to The Worm Casting Company products, programs and services that are not available or are prohibited in your country. Such references do not imply that The Worm Casting Company intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. 

The Worm Casting Company reserves the right without prior notice to discontinue products, models, parts and accessories, and other items or change specifications at any time without incurring any obligations. The products, equipment, parts and accessories and other items pictured on this site and those produced to the specifications listed herein are for sale in the U.S. only. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis.

 PRICING, MODIFICATIONS AND ERRORS


Prices for products and services are subject to change without notice, and we reserve the right at any time to modify or discontinue products or services without notice. 

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.


ORDER ACCEPTANCE AND QUANTITY LIMITS

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We also reserve the right to limit the quantity of items purchased per person, per household or per order.  These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Your account may also be restricted or terminated for any reason, at our sole discretion. 


Some situations that may result in your order being canceled or limited include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.



We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.


ONLINE PAYMENTS

You can purchase products and/or services on the Site. If a credit card or debit card account is being used for a transaction, The Worm Casting Company may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card or debit card you designate during the setup process. If you want to designate a different credit card or debit card or if there is a change in your credit card or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

 You represent and warrant that if you are making online payments that (1) any credit card or debit card information you supply is true, correct and complete, (2) charges incurred by you will be honored by your credit card company, (3) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (4) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card or debit card.


SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE

If you submit, upload, post or transmit any feedback, information or data, such as ideas, concepts, know-how, techniques, processes, photos, videos, software, comments, suggestions or questions regarding any product, service or the Content of this Site, such information shall be deemed to be non-confidential and non-proprietary, and The Worm Casting Company and its affiliates shall have no obligation of any kind with respect to such information.

 By submitting, uploading, posting or transmitting submissions or feedback, you are granting The Worm Casting Company and its affiliates the irrevocable, perpetual, fully paid up, royalty-free license and right to use, reproduce, disclose and distribute submissions and feedback for any purpose whatsoever, including without limitation developing, marketing and manufacturing products, services and Content incorporating such submissions and feedback. 


You represent and warrant that you own or control all rights in and to the feedback and submissions and your provision to us does not violate any right of any third-party, including copyright, trademark, patent, intellectual property, privacy, personal or proprietary rights. You further agree that your submissions and feedback must not contain defamatory, abusive, libelous or otherwise unlawful, obscene, indecent, threatening, harassing, fraudulent, pornographic or otherwise objectionable material. You further agree not to impersonate any person or misrepresent your identity or affiliation with any person or organization or submit material that contains any computer virus or other malware or any other harmful component.  

The Worm Casting Company and its affiliates reserve the right (but not the obligation) to monitor and edit or remove any submissions or feedback submitted to the Site. However, we do not regularly review submissions or feedback before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. 

At our sole discretion, we have the right to: (1) remove or refuse to post any feedback or submissions for any or no reason; (2) take any action with respect to any feedback or submissions that we deem necessary or appropriate; (3) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; (4) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; or (5) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

 OTHER PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its Content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES

The Worm Casting Company does not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any Content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, and title/non-infringement. 

The Worm Casting Company specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the Site. The Worm Casting Company does not warrant the accuracy, completeness or timeliness of the information obtained through the Site.

You assume total responsibility and risk for your use of this Site, site-related services, and linked sites. The Worm Casting Company does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that The Worm Casting Company shall not be liable for any cost or damage arising directly or indirectly from any such code. You assume total responsibility and risk for your use of the site and of the internet. 




LIMITATION OF LIABILITY REGARDING USE OF SITE

The Worm Casting Company and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any linked site, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, site-related services, and/or linked sites is to stop using the site and/or those services.

REVISIONS AND CHANGES TO TERMS OF USE

The Worm Casting Company reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between The Worm Casting Company and you pertaining to the subject matter hereof. In its sole discretion, The Worm Casting Company may from time-to-time revise these Terms of Use and its Privacy Policy by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use and Privacy Policy, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use and the Privacy Policy may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

DISPUTE RESOLUTIONS AND GOVERNING LAW

We will work in good faith to resolve any issue that you have with The Worm Casting Company services if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. This Agreement is governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule.