Terms & Conditions
Welcome to this website. It is an informational tool provided and owned by the NCAST Organization. and/or its affiliated companies (collectively, "NCAST"). These Terms and Conditions of Use ("Terms") govern your use of the ncastsleep.org website and all related pages, information, databases, materials and services (collectively, the "Site"). If you do not accept these Terms, we respectfully request that you do not continue use of this Site. Use of this Site indicates your acceptance of these Terms. Please scroll down this document to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.

License

You may only use this Site if you are at least 18 years of age. These Terms are a contract between you and NCAST. By accessing any portion of the Site, you have a limited license to use its contents for your personal, non-commercial use according to the Terms. These Terms cannot be waived or modified by any oral communications between you and NCAST. If you have questions regarding these Terms, please contact NCAST at contact@ncastsleep.org

Updating Terms

NCAST reserves the right, at its discretion, to change, delete, and update portions of these Terms at any time. You should review these Terms periodically for changes. The Terms can be accessed from the link at the bottom of each Site page. If you use the Site after we post changes to the Terms, you agree to the changed Terms.

If you have an account or other relationship with NCAST, that relationship is governed by the agreement specific to that account or arrangement. The terms of these other agreements are not altered by these Terms or by any content on the Site, provided that nothing in these other agreements shall diminish the protections and rights provided to NCAST under these Terms. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and NCAST with respect to the use of Site. Information regarding NCAST's Privacy Policy can be found by clicking at the bottom of the page.

Product Information

Without limiting the disclaimer language in these Terms, the product information contained on this Site is believed to be accurate at the time of posting. However, during the model year, it may be necessary to make revisions. NCAST reserves the right to make all such changes without notice, including changes in prices, colors, materials, equipment and specifications, as well as the addition of new models and the discontinuance of models shown on the Site. Therefore, please consult with your NCAST dealer to confirm the existence of any materials, design or specifications that are material to your purchase decision.

NCAST Website Registration and Personal Information and Unauthorized Use

When you register, sign-up for, or purchase any NCAST products or services, you agree to provide true, accurate, current and complete information, including, without limitation, passwords, usernames, login ID's, credit card and financial information, and other personally identifiable information (collectively, "Personal Information"). You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from Next Best Thing for any purpose.

You agree not to share your Personal Information with another person. This requirement will assist in preventing unauthorized use or misuse of the Site and protect you, NCAST and other Site users. By using or registering to use the Site, you agree to be responsible for all statements, transactions, and transmissions that occur within any Site or NCAST services through the use of your Personal Information. You agree that NCAST is not liable to you or any third party for any damages or losses related to use of your Personal Information. If you believe that someone has used your Personal Information to access any NCAST services without your authorization, please contact us immediately at contact@ncastsleep.org

Restrictions on Use of NCAST Materials

Your license to use the Site includes the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by NCAST at any time under the circumstances described in these Terms. You agree to retain all copyright and other proprietary notices contained on the Site.

The contents and use of the Site (including NCAST's name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You may not:

(1) use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;

(2) copy (except as set forth above for noncommercial personal use), modify, distribute, create any derivative or compilation work from, or display NCAST's name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;

(3) use any device designed to provide repeated automated access to any Site other than those made generally available by NCAST;

(4) include "NCAST," "NCAST Organization," any other NCAST trademarked materials, the name of any NCAST personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between NCAST and you, any other party, or any other website, or otherwise use these items without NCAST's express written permission;

collect or store personal data about other users of the Site;

(6) upload, e-mail or otherwise transmit to NCAST or through the Site or any NCAST computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by NCAST;

create a link to any Site without NCAST's prior written permission;

use the Site to advertise or perform any commercial solicitation;

(9) use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

NCAST reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing NCAST to disclose such information.

NCAST does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does NCAST endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.

Termination, Removal of Materials, and Monitoring

You agree that NCAST may terminate, restrict, or suspend part or all of your license to access the Site and delete any content transmitted to or through the Site, at any time without prior notice to you and without any liability to you. NCAST also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in NCAST's sole discretion, may create liability for NCAST, its agents or its contractors or may affect NCAST's business relationships or contracts with its agents or its contractors. NCAST further reserves the right to remove any materials that do not conform to these Terms - though NCAST shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that NCAST has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release NCAST from any liability related to its monitoring activities. If NCAST denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials.

Website Linking and Cautions About Third-Party Information Included in Site

For your general informational use only, NCAST may provide access to third party websites. NCAST is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to any Site via hyperlink or otherwise, whether such link is provided by NCAST or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which NCAST may link). By providing access to other websites, NCAST is not recommending or supporting any third party or endorsing or acknowledging that it is affiliated with any website's sponsoring organization. NCAST does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

NCAST may include third party information in the Site for general informational purposes only. NCAST is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Consequently, you agree NCAST does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and NCAST is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom NCAST conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint venturers with NCAST, or otherwise provide you or any third parties with any rights to act on NCAST's behalf.

Disclaimers and Limitations of Liability

In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your personal information for unauthorized or illegal purposes.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION AND CONTENT ON THE SITE ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND THAT THE SERVICES, PRODUCTS, AND SOFTWARE AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF, OR REPRESENTATIONS RELATED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NONINFRINGEMENT, OR COMPLIANCE WITH ANY FEDERAL, STATE, OR OTHER LAW(S)). YOU AGREE THAT NCAST IS NOT RESPONSIBLE FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, OR FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN NCAST.

WITHOUT LIMITING THE ABOVE LIABILITY DISCLAIMER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL NCAST BE LIABLE TO YOU FOR ANY DAMAGES THAT MAY RESULT TO YOU FROM YOUR USE OF THE SITE, OR THE MATERIALS AND SERVICES CONTAINED ON THE SITE (INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY TO YOU CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE RELATED TO THE SITE, ANY DESTRUCTION OR CORRUPTION OF YOUR COMPUTER EQUIPMENT OR DATA, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION CONTAINED ON THE SITE), UNLESS ARISING SOLELY AND DIRECTLY FROM NCAST'S WILLFUL MISCONDUCT.

IN ANY EVENT, YOU AGREE THAT NCAST IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS); AND IN NO EVENT SHALL NCAST'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ANY ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, LIMITATIONS, OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY NCAST IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST NCAST, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY OF IT SHALL BE DEEMED WAIVED AND RELEASED.

Any references on the Site to product or service warranties provided by NCAST related to products or services already purchased by you are provided for informational purposes only. These references are not intended to extend, republish, or modify any warranties that accompanied the products or services at time of purchase or to create new warranties.

If you provide NCAST with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold NCAST responsible for any misuse or unauthorized viewing of that information.

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify NCAST (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than NCAST.

Applicable Law and Arbitration of Disputes

NCAST controls and operates the Site from our offices within the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws. You agree that the laws of the State of North Carolina (excluding any choice of law rules) govern your rights and obligations relating to NCAST and your use of the Site. Any and all disputes arising under or relating to this Site shall be finally resolved by binding arbitration by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon such an award may be entered by any court of competent jurisdiction. The arbitrator will be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration pursuant to these Terms. Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the use of the Site shall be in the state court or district federal court for New Bern, North Carolina.

Severability

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect conforming to NCAST's intent for entering into these Terms. No waiver of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Additional Terms

Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Image Terms of Use Policy

The graphics contained herein, including, without limitation, all images, logos, compilation and design (the "Materials"), were prepared solely for the purpose of promoting the products, and are the intellectual property, of NCAST, and all rights thereto are reserved. The Materials, or any part thereof, may be copied and used on the website of any authorized dealer or builder for the sole purpose of promoting the products of NCAST's subsidiaries. If any portion of text, images, compilation or design contained on this website are copied and/or used, they must remain intact. Any logos copied and/or used must contain applicable trademark notices as shown on this website and must be used in accordance with applicable trademark laws. No other use of the Materials is allowed without the prior, express, written consent of an authorized representative of NCAST.