Terms & Conditions
The Saltwater Collection website is operated by Saltwater Collection (the terms “SWC”, “Company”, “Website”, “Site”, “We”, “Us” and “Our” all refer to Saltwater Collection). The use of SWC's website and/or services indicates your unconditional acceptance or these terms and conditions of use (“Terms & Conditions”). We reserve the right, in our sole discretion, to update or revise these Terms & Conditions. Your continued use of our website following the posting of any changes constitutes acceptance of those changes.
The Terms & Conditions govern the use of this website as well as the purchase of any products or services available through this website. If you do not wish to be bound by these Terms & Conditions, please do not use this website or purchase products or services from us.
Our online shop is hosted by Shopify Inc, an e-commerce platform.
YOU CONFIRM THAT:
You are eighteen (18) years of age or older.
YOU ACKNOWLEDGE THAT:
The site content and materials are the property of SWC and are protected by copyrights, trademarks or other proprietary rights and laws. We reserve all rights in and to the website unless we expressively state otherwise.
You cannot reproduce, duplicate, copy, sell, resell or exploit any portion of this website and SWC products or services, without written permission by us.
We reserve the right to refuse service to anyone for any reason at any time.
You represent that all of the information, data and other materials you provide to SWC through any means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on our website.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any service at any time. We shall not be liable to you or any third-party for any modification, price change or discontinuance of a service. Any offer for any product or service made on this site is void where prohibited.
PRODUCTS & SERVICES
Certain products or services may be available exclusively online through this website. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We attempt to describe the products and services offered through this website as accurately as possible. However, we do not warrant that these descriptions or other content of the website are absolutely accurate, current or error-free.
All sales placed through our website are final. SWC has a return and no refund policy. If you received the wrong print or your order is damaged when it arrives to you please contact us at email@example.com.
All content including, but not limited to artwork, products, the appearance of our website and other trade dress, trademarks, logos, service marks and any software programs available on or through the Site (the “Site IP”) is the property of SWC or its licensors, content providers or other third parties and is protected by copyright, trademark and other applicable U.S. and foreign intellectual property laws. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of SWC or such third party that owns the Site IP. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without SWC's express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without SWC's express written consent.
INDEPENDENT AND THIRD PARTY VENDORS
Independent vendors supply some of the goods advertised on our website and in some cases, drop ship them directly to the customer. Independent Vendors are solely responsible for the content of the goods that they sell through the site. Without limitation, SWC is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the site, or items advertised on the site, by our vendors, even if appearing on the site or in emails from us.
Frames and framing services sold through the site are fulfilled by a third party framing vendor.
SWC is not affiliated with websites or third parties that sell or advertise our products or the Site. SWC reserves the right to void all service, return, and other policies for orders and SWC products that were purchased through unauthorized sellers or sellers that violate SWC policies. SWC is not responsible for any representations by third party vendors.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Saltwater Collection, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Saltwater Collection’s express written consent.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you regard the terms and conditions set forth above to be unreasonable, you must not use this website.
BREACHES OF THESE TERMS & CONDITIONS
Without prejudice to Saltwater Collection LLC (SWC) other rights under these terms and conditions, any breach of these terms and conditions in any way shall allow SWC to take such action as SWC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
LICENSE TO USE THIS WEBSITE
Unless otherwise stated, SWC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view and download for caching purposes only, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public; or
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
This website is provided “as is” without any representations or warranties, express or implied. SWC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, SWC does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the SWC’s liability in respect of any:
death or personal injury caused by the Company’s negligence or alleged negligence or willful conduct;
fraud or fraudulent misrepresentation on the part of the Company; or
matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
SWC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with all relevant and governing law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of North Carolina.
Your use of this website signifies your agreement to indemnify SWC and undertake to keep SWC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
However, the user may not transfer, sub-contract or otherwise deal with his or her rights and/or obligations under these terms and conditions.
These terms and conditions constitute the entire agreement between you and the Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
POSTED ON: APRIL 10, 2023