SaltwaterObsession.com
Terms and Conditions
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1. Accepted forms of payment include: Visa, MasterCard,
Discover, American Express,
Diners Club and JCB.
2. Shipping: Most items will ship within 3 to 7 business
days after the order has been placed, and after the credit card has been
approved by 2checkout.com.
You will receive an automated email with a Fed Ex ground tracking number
when your order ships. All shipping charges are calculated for the lower
48 states
only. Alaska, Hawaii and Puerto Rico shipping costs will be higher. If
you need expedited shipping, please email: sales@saltwaterobsession.com
to arrange. Shipping
is per Fed Ex ground. Shipping to US addresses only, no P.O. Boxes. Fed
Ex will not ship to P.O. Boxes.
Any claims for damage must be made to saltwaterobsession.com within 7 days.
You can contact saltwaterobsession.com at returns@saltwaterobsession.com.
We will
file the claim on your behalf with the shipping carrier. Most claims are
resolved within seven business days of notification. Please keep all packing
materials.
The damaged goods and packing materials must be made available for the
shipping carrier’s inspection or claims will be denied.
3. Returns: You may return merchandise for a refund within
10 days of receipt of the merchandise, and only on items that have not
been used, There are no returns
on giant clam shells. There is a 20% restocking fee on all returns. Shipping
charges are not refundable. Items must be returned with all original
packing material and must be insured at customer’s expense. Return shipping charges
and insurance are the customer’s responsibility unless the wrong
item was shipped, including items that were shipped free. You must contact
us
via email
for a return authorization at: returns@ saltwaterobsession.com.
4. Availability: We make every effort to keep inventory
updated but occasionally an item will show as available that is not
available. Items not available will
not be back ordered or substituted. Your credit card will be refunded
for any items not in stock.
4a. Security: We never store any of your credit card
information, nor do we have access to your credit card information.
All orders are processed
via a secure
server.
5. Registration and Password: In the event that
you register and/or purchase product through this Site, You agree
to: (a)
provide true,
accurate, current
and complete information about Yourself as prompted by the registration
form. If You provide any information that is untrue, inaccurate,
not current or incomplete,
or Saltwaterobsession.com suspects, for any reason, that such information
is untrue, inaccurate, not current or incomplete, Saltwaterobsession.com,
in its
sole discretion, has the right to suspend or terminate Your account
and refuse any and all current or future use of the Site by You.
You will
create a password
and account designation upon completing the registration process.
You are responsible for maintaining the confidentiality of the
password and account,
and are fully
responsible for all activities that occur under Your password or
account.
You agree to (a) immediately notify Saltwaterobsession.com of any
unauthorized use
of Your password or account or any other breach of security, and
(b) ensure that You exit from Your account at the end of each session.
Saltwaterobsession.com will not be liable for any loss or damage
arising
from Your failure to
comply
with this paragraph.
6. Statements Made in Describing Goods. SALTWATEROBSESSION.COM
DOES NOT WARRANT THAT THE WEB SITE OR THE MATERIALS CONTAINED
THEREIN WILL BE
ACCURATE, RELIABLE
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE,
OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR
OTHER HARMFUL
COMPONENTS.
SALTWATEROBSESSION.COM
CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOG,
PRODUCT ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED
WITHIN
THE WEB
SITE, OR ANY SUPPLEMENTAL
MATERIAL. MATERIAL ON THE SITE ALSO MAY CONTAIN TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT
NOTICE; SALTWATEROBSESSION.COM
WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES,
ERRORS, CHANGES, OR UPDATES. SALTWATEROBSESSION.COM IN ITS SOLE DISCRETION
MAY ADD, DELETE,
OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE WEB SITE AT ANY
TIME.
7. Your Representations & Indemnification Obligation. You expressly represent
and warrant to Saltwaterobsession.com that You will use this Site, and any
products purchased from Saltwaterobsession.com, in accordance with all applicable
local,
state, national and international laws, and in accordance with these Terms
and Conditions of Use. You agree to defend, indemnify, and hold harmless
Saltwaterobsession.com, its subsidiaries, and affiliates, and all of their
respective employees, agents,
directors, officers, proprietors, partners, representatives, shareholders,
servants,
attorneys, predecessors, successors, assigns, agents, licensors, and third
party providers to the Site from and against any and all claims, proceedings,
damages,
injuries, liabilities, losses, costs, and expenses (including reasonable
attorneys' fees and litigation expenses), relating to or arising from (a)
Your use of
the Site; or (b) any breach by You of these Terms and Conditions of Use.
You hereby
waive and release Saltwaterobsession.com from all rights of contribution
or indemnity to which You otherwise may be entitled. Saltwaterobsession.com
reserves
the right
to assume, at its sole expense, the exclusive defense and control of any
matter subject to indemnification by You, in which event You will fully cooperate
with Saltwaterobsession.com in asserting any available defenses.
8. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. USE OF THE SITE IS ENTIRELY AT YOUR
OWN RISK. SALTWATEROBSESSION.COM EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR
THE INFORMATION, CONTENT,
MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED
ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH
THE SITE OR THE CATALOG, EXCEPT
AS SET
FORTH BELOW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, SALTWATEROBSESSION.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE
SALTWATEROBSESSION.COM WEB SITE, THAT
YOUR
USE
OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT
APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER
OF THE ITEM. THIS DISCLAIMER CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
FOREGOING LIMITATIONS MAY NOT
APPLY
TO YOU.
9. Intellectual Property Rights. All materials contained
in the Site, including without limitation all images, text,
illustrations,
designs,
icons, photographs,
programs, and written and other materials that are distributed
with this Site and all the products available on the Site,
are
the intellectual
property owned,
controlled or licensed by Saltwaterobsession.com, its affiliates
or are
owned by third parties and appear in the Site with the
permission of their respective
owners. Accordingly, such materials are protected by law,
including but not limited to United States copyright, patent,
trade secret,
trade dress
and
trademark law,
as well as other state, national, and international laws
and regulations. Saltwaterobsession.com and its affiliates
and
licensors expressly
reserve all intellectual property
rights in all text, programs, products, processes, technology,
content, and other materials that appear on this Site.
Except as otherwise
expressly provided
in
these Terms and Conditions of Use, access by You to this
Site does not confer any license under any of Saltwaterobsession.com’ or
any third party's intellectual property rights. The compilation
(meaning the collection, arrangement
and assembly)
of all content on this Site is the exclusive property of
Saltwaterobsession.com and is also protected by United
States and international copyright law. You
agree not to copy, modify, adapt, reproduce, publish, translate,
distribute, transmit,
display, reverse engineer, decompile, create derivative
works from, sell or participate in the sale of, dissemble
or in any way exploit any aspect
of the
Site. Please
be aware that Saltwaterobsession.com actively and aggressively
enforces its intellectual property rights to the fullest
extent of the law.
10. Communications on Internet; Events Beyond Saltwaterobsession.com’s
Control. Use of the Internet is solely at Your own risk and is
subject to all applicable local, state, national, and international laws and
regulations. While Saltwaterobsession.com
has endeavored to create a secure and reliable Site,
Saltwaterobsession.com and its affiliates are not responsible for the security
of information transmitted
via the Internet, the accuracy of the information contained
in the Site, or the
consequences of any reliance by You on such information.
You must make Your own determination as to these matters. Saltwaterobsession.com
cannot guarantee
that
You will be able to access the Site at all times or that
the Site will be secure, uninterrupted, or error-free, nor can Saltwaterobsession.com
provide
assurances
that transactions will be completed properly. Saltwaterobsession.com
is not responsible for failure to execute a purchase or technical problems
that
may hinder the efficacy
of a purchase (including e-mail, transmission times or
other delays). Saltwaterobsession.com and its affiliates shall not be liable
for damages as a result of any delay
or other failure of performance due to causes beyond
their reasonable control including,
without limitation, acts of God, acts by You or by any
of Your representatives or by any third parties, acts of military or civil
authorities, fire or other
casualty, strikes, lockouts, weather, epidemic, war,
riot, terrorism, telecommunications interruptions or computer viruses.
11. LIMITATION OF LIABILITY: NEITHER SALTWATEROBSESSION.COM
NOR ITS PARENT, SUBSIDIARIES, OR AFFILIATES NOR ANY
OF THEIR RESPECTIVE
EMPLOYEES,
AGENTS,
DIRECTORS, EMPLOYEES,
PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS,
SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS
WILL BE
LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM ANY USE OF THE SITE OR THE CATALOG, THE
INABILITY TO
USE THIS SITE,
THE INFORMATION CONTAINED
ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED
THROUGH THE SITE OR THE CATALOG, OR TRANSACTIONS CONDUCTED
AT THE SITE
OR ARISING FROM THE CATALOG,
EVEN IF SALTWATEROBSESSION.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
THE TOTAL LIABILITY
OF SALTWATEROBSESSION.COM
OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM
THIS SITE OR ANY PRODUCTS
AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG
EXCEED THE PURCHASE PRICE PAID BY YOU TO SALTWATEROBSESSION.COM
FOR ANY SINGLE
RELEVANT
PRODUCT AT ISSUE.
YOU HEREBY ACKNOWLEDGE THAT ALL OF THE PROVISIONS OF
THIS SECTION WILL APPLY TO ALL USE OF THE SITE OR THE
CATALOG,
THE INFORMATION
CONTAINED
ON THE SITE
OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH
THE
SITE OR THE CATALOG, AND TRANSACTIONS CONDUCTED AT
THE SITE OR ARISING
FROM
THE CATALOG.
12. Governing Law. This Site (excluding any links)
is owned and controlled by Saltwaterobsession.com
from its
offices
within the State of California,
United
States of America. Although this Site can be accessed
from other
locations, by accessing this Site, You agree that
the statutes and laws of the
State of California,
without regard to conflict of laws, will apply to
all matters relating to use of this Site. In addition,
any action or
proceeding arising
out of or related
to these Terms and Conditions of Use or Your use
of this Site may be brought only in the state or federal
courts
of Orange
County,
California
and You
agree to and consent to the exclusive personal jurisdiction
and venue of the courts
in Orange County, California. You are responsible
for Your own compliance with local laws regarding Internet
use and
access.
13. Miscellaneous: These Terms
and Conditions of Use constitute the entire agreement
between You and
Saltwaterobsession.com
relating to the subject
matter addressed
herein. If any portion of these Terms and Conditions
of
Use is adjudged
invalid or unenforceable by a court of competent
jurisdiction, the remaining portions
will remain valid, enforceable, and carried into
effect. The Terms and Conditions of Use may be
modified by
Saltwaterobsession.com at any time
on without prior
notice, by posting such changes at the Site. Modifications
required by law or designated by Saltwaterobsession.com
will become effective
immediately.
Your
continued use of the Site following notice of any
such modification will be conclusively deemed your
unconditional
acceptance
of
the
revised Terms
and Conditions of Use.
If any such revision is unacceptable to You, You
should discontinue use of the Site immediately.
A printed
version of these Terms
and Conditions of Use and
of any notice given in electronic form will be
admissible in judicial or administrative proceedings
based on
or relating to these Terms
and Conditions
of Use to the
same extent and subject to the same conditions
as other business documents and records originally
generated
and maintained
in
printed form. The
failure of Saltwaterobsession.com
to act with respect to a breach of this Agreement
by
You or others does
not constitute a waiver and shall not limit Saltwaterobsession.com'
rights with respect to such
breach or any subsequent breaches.
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