Terms & Conditions
Last Updated: August 9, 2023
Terms & Conditions
This website & any mobile application (collectively, this “Site”) is owned by Sea Sprite LLC (“We”, “Us”, or “Sea Sprite”). We are providing you with access to this Site & our online store (together, our “Services”) subject to the following terms & conditions.
By browsing, accessing, using, registering for, or purchasing merchandise on this Site, or otherwise using our Services, you are agreeing to all the following terms & conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully.
We reserve the right to change this Site & these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for, or purchase merchandise from the Site. You represent & warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at www.myseasprite.com/privacy-policy. Please review our Privacy Policy for information on how We collect, use, & share information about our users.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access & make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection & use of any product listings or descriptions; (c) making derivative uses of this Site & its contents; or (d) use of any data mining, robots, or similar data gathering & extraction methods on this Site.
You may not use, frame, or utilize framing techniques to enclose any of Our trademark, logo, content, or other proprietary information (including the images found at this Site, the content of any text, or the layout/design of any page or form contained on a page) without Our express written consent.
Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, & nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive manner. This limited right may be revoked at any time.
You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
Account
In order to access some features of this Site, you may be required to register, & We may assign to you, or you may be required to select, a password & username or account identification. If you register, you agree to provide Us with accurate & complete registration information, & to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security & confidentiality of the password & identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Each time you use a password or identification, you will be deemed to be authorized to access & use the Site in a manner consistent with these Terms, & We have no obligation to investigate the authorization or source of any such access or use of this Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO & USE OF THIS SITE BY ANYONE USING THE PASSWORD & IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO & USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS & TRANSMISSIONS & ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATION) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by email or by posting notices on this Site or through other services. You agree that all agreements, notices, disclosures, & other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
User Content
This Site may include features & functionality (“Interactive Features”) that allows users to create, post, transmit, or store any content, such as text, music, sound, photos, video, graphics, or code on the Sites (“User Content”).
User Content is publicly viewable & may include your profile information & any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase.
You agree that you are solely responsible for your User Content & for your use of Interactive Features, & that you use any Interactive Features at your own risk.
By using any Interactive Features, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability, or violate any local, state, national, or international law;
- User Content that displays, describes, or encourages usage of any product We sell in a manner that could be offensive, inappropriate, or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy, or data protection rights of others, including pictures, videos, images, or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims, or depictions about a person, company, product, or service;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; &
- Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content.
However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, & fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, & display such User Content on this Site & on third-party sites & mobile applications & in all other media formats, whether currently known or hereafter developed, for any purpose & without any compensation to you.
You also grant users of this Site the right to access your User Content in connection with their use of this Site.
By posting User Content to this Site, you represent & warrant that (a) such User Content is non-confidential; (b) you own & control all of the rights, title, & interest in & to the User Content, or you otherwise have all necessary rights to post & use such User Content to this Site & to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate & not misleading or harmful in any manner; & (d) the User Content, & your use & posting thereof in connection with this Site, do not & will not violate these Terms or any other of Our applicable terms, guidelines, or policies or any applicable law, rule, or regulation.
Feedback
Separate & apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials, & other information regarding this Site, Us, & our products or services (collectively “Feedback”).
You agree that Feedback is non-confidential & shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in & to such Feedback & shall be entitled to the unrestricted use & dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Restrictions on Rights to Use
You agree you shall not (& you agree not to allow any other individual or entity using your password & identification to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except & to the extent expressly permitted under these Terms;
- remove any copyright, trademark, or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by Us;
- transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb, or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates, constitutes, promotes, or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on this Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in Our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate & make this Site available; or
- use this Site and/or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal, or international law.
We have no obligation to monitor any user conduct on this Site, & We reserve the right & have absolute discretion to monitor any user conduct on this Site at any time & for any reason without notice.
Ownership
As between you & Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code, & other aspects thereof (excluding User Content), all improvements or modification thereof, all derivative works based thereon, & the collection, arrangement, & assembly of this Site (collectively the “Site Content”), including all copyrights, trademarks, & other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors & protected by applicable copyright laws.
The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets, or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by Us. You are responsible to print or make an electronic copy of these Terms & any other contract or disclosure that We are required to provide to you.
The risk of loss & title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped.
When We ship to you or per your directions to another person, you agree to pay the shipping & any handling charges shown on this Site when your order is placed.
We reserve the right to increase, decrease, & add or eliminate charges from time to time & without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.
Only valid credit cards or other payment methods acceptable to Us may be used. By submitting your order, you represent & warrant that you are authorized to use the designated card or method & authorize us to charge your order (including taxes, shipping, handling, & any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All returns are governed by Our Return Policy, which can be found HERE.
We attempt to be as accurate as possible & eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service, or otherwise, We reserve the right to correct such error & revise your order accordingly if necessary (including charging the correct price) or to cancel the order & refund any amount charged. Your sole remedy in the event of such an error is to cancel your order & obtain a refund.
All items are subject to availability & We reserve the right to impose quantity limits on any order, to reject all or part of an order, & to discontinue products or services without notice, even if you have already placed your order.
All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Links
This Site may contain links to other sites on the Internet that are owned & operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site, & providing Us with a notice of termination. We reserve the right, without notice & in our sole discretion, to terminate your right to use this Site, or any portion of this Site, & to block or prevent your future access to & use of this Site or any portion of this Site.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, & hold harmless Us & our subsidiaries & affiliates, & our respective officers, directors, agents, partners, members, employees, independent contractors, service providers, & consultants (“Our Related Parties”), from & against any claims, damages, costs, liabilities, & expenses (collectively, “Claims”) arising out of or related to (a) your access to & use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; & (e) your violation of any rights of another.
You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims, & pay all fees, costs, & expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that We shall have the right to control of the defense or settlement of any third-party Claims.
Disclaimers
Except as expressly provided, this Site, including all Site Content, & services provided on or in connection with this Site are provided on an “AS IS” & “WITH ALL FAULTS” basis without representations, warranties, or conditions of any kind, either express or implied.
WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, & DUTIES; EXPRESS, IMPLIED, OR STATUTORY; INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES, OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, & NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
We do not represent or warrant that this Site is accurate, complete, reliable, current, or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole & exclusive remedy, & Our sole & exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns & exchanges policies.
IN NO EVENT SHALL WE OR OUR RELATED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR & OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE, EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
Remedies
You agree that Our remedy at law for any actual or threatened breach of these Terms would be inadequate & that We shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that We may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of Ours shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys’ fees, & expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
Severability
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable & shall not affect the validity & enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, & will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third-party or to create any obligations or liability of a part to any such third-party.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, & you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you & Us regarding use of this Site.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force & effect & enforceable.
These Terms are not assignable, transferable, or sublicensable by you, except with our prior written consent. These Terms include & incorporate by reference Our Privacy Policy, which can be found HERE, & any notices regarding the Site.
Policy Updates
We may update these Terms & Conditions as necessary. The updated version will be indicated by an updated “Last Updated” date & the updated version will be effective as soon as it is accessible. We encourage you to review this policy frequently to be informed of any changes.
Policy Acceptance
By using this Site, you are hereby accepting the Terms stipulated in this policy. If you are not in agreement, then you should refrain from further use of our Sites. In addition, your continued use of our Site following the posting of any updates or changes to these Terms will mean that you agree & accept such changes.
Contact Us
If you have any questions, comments, or concerns regarding these Terms & Conditions or any other Sea Sprite policy, please contact us via email at policies@myseasprite.com.
...the Sea is calling.
