VickyJohnstonCasting.com TERMS OF SERVICE, USE AND PURCHASE

Welcome to Vicky Johnston Casting. This website located at VickyJohnstonCasting.com (this “Site”) is owned and operated by E & R, LLC (the “Company”, “E & R”). VickyJohnstonCasting.com provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by VickyJohnstonCasting.com in connection with any of the foregoing (collectively, “ VickyJohnstonCasting.com Services”). VickyJohnstonCasting.com provides its products and services subject to these Terms of Service.

By using the VickyJohnstonCasting.com Products and Services, you agree to  these conditions. Please read them carefully.

By accessing or using this Site, mobile application or other VickyJohnstonCasting.com product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of VickyJohnstonCasting.com. You must be at least 18 years old to use this Site or Services. VickyJohnstonCasting.com may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the VickyJohnstonCasting.com Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any VickyJohnstonCasting.com Services and immediately cancel your VickyJohnstonCasting.com Membership by deleting your account. There is a “Delete Your Account” link on the bottom right of your account page.

SHIPPING & RETURNS
Shipping is charged based on weight size and delivery location.

No shipping fee is charged on digital products. No refunds are given on Digital Products.

Please refer below for refunds on Consultation bookings.

Returns are not accepted on physical products unless there is a defect with the product or there was a printing error. Please measure yourself and use the size guide to select your correct size before ordering. Clothing is true to size unless otherwise noted on the product listing. Returns or exchanges are not accepted for size changes.

To request a return and refund or replacement on a defective product you must do the following:

1. Notify us via the return form within 10 days of delivery to the shipping address noted on your order.
2. Take a photo of the full front and back side of the product – 2 photos
3. Take a close up photo of the defect – at least one photo
4. List your order number on the return form
5. Explain the defect

A full product refund is given on defective products, or you may choose to have a new product shipped to you as replacement of the defective item. The defective item being returned must be in an unused condition, all tags must be in tact on the product and inside the original packaging. You will need to add the order number to the inside of the return packaging so I can match it with your original order.

CLICK HERE TO REQUEST A RETURN

ELECTRONIC COMMUNICATIONS
When you use any VickyJohnstonCasting.com Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other VickyJohnstonCasting.com Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CUSTOMER MEMBER ACCOUNTS
To acquire a VickyJohnstonCasting.com Account, simply purchase any VickyJohnstonCasting.com item on this Site and check the box “Register me” during checkout and you will be automatically enrolled into our Membership Program. As part of being a member you will be the first to receive email notices on new arrivals, upcoming pre-order notices on product releases, special offers and other updates to maximize your shopping experience and give you the latest style offering and notices on upcoming events and services. If at any time you wish to cancel your VickyJohnstonCasting.com Membership you can do so by simply deleting your account in your account section. Member accounts can only be cancelled by one of our staff at our sole discretion and without penalty or you as the Account holder. You are more than welcome to re-sign up to our membership program at any time. If for any reason you are banned from our site we will delete your account.

RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the VickyJohnstonCasting.com Services passes to the purchaser upon our delivery to the carrier. Replacement of products for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. VickyJohnstonCasting.com does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, VickyJohnstonCasting.com does not take title to the refunded item.

DIGITAL PRODUCTS
No physical product is shipped. You will receive a digital product in the form of a PDF or Link. No refunds are given on Digital Products. Digital Products are governed by copywrite law. No license is given to replicate, duplicate, copy, resell or give away digital products.

CONSULTATION FEES
Consultation fees are refundable if consultation is cancelled with more than 24 hours notice. If consultation is cancelled within 24 hours but not less than 4 hours from the appointment time you will be refunded 50% of your fee – you must cancel in writing such as an email and request a 50% refund. If less than 4 hours is given or no notice is given the full consultation fee is forfeited and becomes non-refundable and cannot be used toward another consulation appointment.

SALES TAX
VickyJohnstonCasting.com is not required by law to collect sales and/or use taxes in ALL states, nor does it actually collect such taxes in ALL states. However, VickyJohnstonCasting.com reserves the right to collect sales tax in any other jurisdictions if it believes that such collection is required by law.

For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where VickyJohnstonCasting.com does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

PAYMENT INFORMATION
To make purchases through the VickyJohnstonCasting.com Services you must submit credit card information via the credit/debit card portal. We do not hold your credit card information. You represent and warrant to VickyJohnstonCasting.com that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address) that may occur. If you dispute any charges, you must inform VickyJohnstonCasting.com within thirty (30) days upon receipt of VickyJohnstonCasting.com’s invoice. We reserve the right to change VickyJohnstonCasting.com prices and fees to purchase items. Your continued use of the VickyJohnstonCasting.com. Services after the price change becomes effective constitutes your agreement to pay the changed amount.

VickyJohnstonCasting.com may, from time to time, partner with certain third-party payment services (e.g., Masterpass, Visa Checkout or PayPal)(each, a “Payment Service”) to make the payment process more efficient and streamlined. If you choose to use a Payment Service on this Site, you authorize VickyJohnstonCasting.com to receive and store the payment information associated with your use of such Payment Service and to use such payment information in connection with your purchase of VickyJohnstonCasting.com Products and Services.

ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the VickyJohnstonCasting.com Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. VickyJohnstonCasting.com shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the VickyJohnstonCasting.coml Services is in compliance with these Terms of Service. You further acknowledge and accept that VickyJohnstonCasting.com shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify VickyJohnstonCasting.com immediately of any unauthorized access to your Account or any other unauthorized use of any VickyJohnstonCasting.com Services.

You agree that VickyJohnstonCasting.coml may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which VickyJohnstonCasting.com believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in VickyJohnstonCasting.com’s sole discretion and that VickyJohnstonCasting.com shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.

PROHIBITED USES
Any and all VickyJohnstonCasting.com Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to VickyJohnstonCasting.coml, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications.

Your use of our Site is for your personal, non-commercial use only. You are responsible for:

• Maintaining the confidentiality of your account;
• Using your real name when using the VickyJohnstonCasting.com site;
• All activities, acts or omissions that occur under your account, including orders and purchases;
• Notifying us if you become aware that your account is being used without your authorization;
• Authorizing us to charge your credit card or other payment method, which you do by providing your credit card information on our Website;
• Indemnifying us against any claims brought by other parties arising from your use of the VickyJohnstonCasting.com Website, including information or content that you post to the VickyJohnstonCasting.com Website.

VickyJohnstonCasting.com specifically prohibits any use of the VickyJohnstonCasting.com Service, and requires all users to agree not to use the VickyJohnstonCasting.com Services, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to an VickyJohnstonCasting.com server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, VickyJohnstonCasting.com’s provision of services to any other visitors to this Site, VickyJohnstonCasting.com hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.

USER CONTENT
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any VickyJohnstonCasting.coml Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to VickyJohnstonCasting.com and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. VickyJohnstonCasting.com will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. VickyJohnstonCasting.com shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. VickyJohnstonCasting.com retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By connecting to VickyJohnstonCasting.com with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.

If you utilize your Facebook account to access and use the social features available through the VickyJohnstonCasting.coml Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that VickyJohnstonCasting.com is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the VickyJohnstonCasting.com Services and its social features, you agree to respect other users of the VickyJohnstonCasting.com Services in your interactions with them. VickyJohnstonCasting.com reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold VickyJohnstonCasting.com and its employees, agents and affiliates harmless from any and all damages, claims, expenses, VickyJohnstonCasting.com or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

USER COMMENT, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence;  to pay compensation for any comments; or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Reviews and feedback is monitored and may be removed in our sole discretion for the any of the reasons above.

PRODUCT INFORMATION
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and VickyJohnstonCasting.com reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although VickyJohnstonCasting.com has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and VickyJohnstonCasting.coml cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. VickyJohnstonCasting.com is not responsible for typographical errors regarding price or any other matter.

PURCHASE CANCELLATIONS
All orders placed through any VickyJohnstonCasting.com Services are subject to VickyJohnstonCasting.coml’s acceptance. This means that VickyJohnstonCasting.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, VickyJohnstonCasting.com will issue you a refund.

INTELLECTUAL PROPERTY RIGHTS
All graphics, images and content on the hertactical.com website, blog and mobile application belong exclusively to VickyJohnstonCasting.com, or its affiliates. The use of any VickyJohnstonCasting.com, including VickyJohnstonCasting.com trademarks or service marks without VickyJohnstonCasting.com’s express written consent is strictly prohibited. You may not use VickyJohnstonCasting.com’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit VickyJohnstonCasting.com. In addition, you may not use any of VickyJohnstonCasting.com’s trademarks or service marks in meta tags without VickyJohnstonCasting.com’s explicit prior consent.

VickyJohnstonCasting.com is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the VickyJohnstonCasting.comServices, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The VickyJohnstonCasting.com logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned or licensed by VickyJohnstonCasting.com and may be registered in the United States and internationally. You agree not to display or use the VickyJohnstonCasting.com Intellectual Property in any manner without VickyJohnstonCasting.com’s prior written permission.

PRIVACY POLICY – CLICK HERE

DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS
VickyJohnstonCasting.com does not warrant that this website will operate uninterrupted or error-free, that defects will be corrected or that this site or its server will be free of viruses or other harmful elements. As a user of this website, your access is undertaken at your own risk. VickyJohnstonCasting.com shall not be liable for damages of any kind related to your use of or inability to use this website, even if VickyJohnstonCasting.com knew or should have known of the potential for such damages. This site may include inaccuracies, mistakes or typographical errors. If your use of this website or the site’s material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, VickyJohnstonCasting.com shall not be responsible for those costs or expenses. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. VickyJohnstonCasting.com, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH VickyJohnstonCasting.com STRIVES TO PROVIDE THOROUGH AND ACCURATE CONTENT ON THIS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEST, GRAPHICS AND LINKS. VickyJohnstonCasting.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to defend, indemnify and hold VickyJohnstonCasting.com, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys’ fees, arising from or related to your use of the site, your breach or alleged breach of these Terms of service, your unauthorized use of the Content or your violation of any rights of any other person.

DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
Due to the high cost of legal dispute, not only in dollars but also in time and energy, both you and VickyJohnstonCasting.com agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“dispute”), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: VickyJohnstonCasting.coml C/-E & R LLC 69 E 200 N Kaysville UT 84037 USA.

Unless you indicate otherwise in your notice, VickyJohnstonCasting.com shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.

In the event that VickyJohnstonCasting.com is unable to resolve the dispute with you through the Customer Service department referenced above, you and VickyJohnstonCasting.com both agree the parties shall resolve their dispute utilizing binding arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Utah or at another mutually agreed location.

SEVERABILITY
If any the provisions in these Terms of Use are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.

GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and VickyJohnstonCasting.com and govern your use of the VickyJohnstonCasting.com Services, and they supersede any prior agreements between you and VickyJohnstonCasting.com. You also may be subject to additional terms and conditions that are applicable to certain parts of theVickyJohnstonCasting.com Services. VickyJohnstonCasting.com may terminate this Agreement and deny you access to the VickyJohnstonCasting.com Services at any time, immediately and without notice, if in VickyJohnstonCasting.com’s sole discretion you fail to comply with any provision of these Terms of Service.

E &R may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between VickyJohnstonCasting.com and you as a result of this Agreement or your use of the VickyJohnstonCasting.com Services.

The failure of VickyJohnstonCasting.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without VickyJohnstonCasting.com’s express written consent. The Terms inure to the benefit of VickyJohnstonCasting.com’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.