TERMS OF SERVICE
Last updated: January 1, 2019
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE SITE (www.marineandvine.com) (the “Site”).
The Site is operated by Marine and Vine Inc. (“Marine + Vine,” “we,” “us,” or “our”). Marine + Vine offers the Site, including all information, tools, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Site, using any part of the Site, and/or purchasing something from us, you agree, and will be deemed to have agreed, to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the Site. If you do not agree to all of these Terms, then do not access the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. With regard to products purchased or obtained on the Site, the version of these Terms of Service that were posted at the time of purchase apply.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes, whether or not you have reviewed them.
Our store is hosted on Shopify.com (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent and agree that (a) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site (b) you will not use our products for any illegal or unauthorized purpose nor will you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws), (c) you will not transmit any worms or viruses or any code of a destructive nature, (d) you will not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, our products, or our services, use of the Site, or access to the products and services or any contact on the Site through which the products and services are provided, without express written permission by us, (e) a breach or violation of any of these Terms will result in an immediate termination of your ability to access the Site, and (f) your content (not including credit card information - credit card information is always encrypted during transfer over networks), may be transferred unencrypted and involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
OWNERSHIP OF WEBSITE CONTENT
Unless otherwise noted, all content on the Site, which shall include, without limitation, all products offered on or accessed through the Site (collectively, the "Site Content"), are the sole and exclusive property of Marine + Vine or Marine + Vine's affiliates or Marine + Vine's third-party licensors or suppliers and are protected by U.S. laws and international treaties. By accepting these Terms of Service, you do not become the owner of any Site Content, but are entitled to use the Site Content according to these Terms of Service and subject to all additional intellectual property notices, information or restrictions accessed through the Site. As used herein, Site Content shall include, without limitation, all products, text, images, graphics, logos, illustrations, photographs, video, audio, and other materials on or offered by or accessed through the Site, as well as the designs, icons, layout, "look and feel," and all other graphical elements, and all code and software of the Site and all copyrights, trademarks, service marks, trade names, patents and other intellectual property rights in any of the foregoing.
LICENSE OF WEBSITE CONTENT/PERMITTED USES
You are being provided a limited, non-exclusive, non-transferable and revocable license to access and make personal, non-commercial use of the Site, subject to the restrictions and limitations set forth in these Terms of Service. Except as specifically authorized in these Terms of Service or elsewhere on the Site, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Site Content or any copies thereof. The license to use the Site Content as described in this Section 4 will automatically terminate if you fail to comply with any of these Terms of Service.
We reserve the right in our sole and absolute discretion to refuse access to the Site, or any areas on the Site, or to provide any product or service to any person or entity for any reason or for no reason whatsoever, at any time.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or any products or services.
PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing and availability are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any products or services at any time. Any offer for any product or service made on the Site is void where prohibited.
We reserve the right to refuse any order you place with us at any time and for any reason in our sole and absolute discretion. 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. The products available on the Site are for personal use only and are not for resale. Accordingly, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including, but not limited to, your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant to us that you are the authorized signatory of the credit or charge card or account provided to us to pay for products purchased from the Site.
All prices displayed on the Site are quoted in U.S. Dollars. If you order any products through the Site, you are agreeing to pay the amounts confirmed in your order and that we may charge you for such amounts. You can make payment by credit card or other methods offered by the Site.
For more details, please review our Return Policy and our policy on Shipping and Handling.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via the Site may include materials from third-parties.
Third-party links on the 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 (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to 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.
ACCOUNT AND PERSONAL INFORMATION
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or in the 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 Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We do not take responsibility for these errors.
In the event a product listed on the Site is labeled with an incorrect price due to some typographical, informational, technical or other error, we shall in our sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Please pay particular note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these 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 Site 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; (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet, or (l) to provide false or misleading indications of origin or statements of fact. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
You are prohibited from violating or attempting to violate the security of the Site. We have the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. We may suspend your access to the Site while we conduct an investigation. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE CONTENT, PRODUCTS, AND SERVICES ON OR ACCESSED FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
NEITHER WE NOR ANY MARINE + VINE PARTY WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY MARINE + VINE PARTY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR CONTENT OFFERED OR ACCESSED ON THE SITE IN TERMS OF THEIR CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY AS FOLLOWS: IF A PRODUCT PURCHASED BY YOU BREACHES A WARRANTY THAT MAY NOT BE DISCLAIMED, AND YOU NOTIFY US WITHIN 30 DAYS OF PURCHASE AND OTHERWISE FOLLOW OUR RETURN POLICY AS SET FORTH ON THE SITE, WE SHALL REFUND THE MONIES PAID FOR THE BREACHING PRODUCT.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY MARINE + VINE PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE OR ACCESS, THE SITE, ANY SITE CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, OR ECONOMIC LOSS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL THE TOTAL LIABILITY TO YOU BY MARINE + VINE OR ANY MARINE + VINE PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) $100, OR (B) IF THE LIABILITY ARISES FROM PRODUCTS OR SERVICES OFFERED BY THE SITE AND PURCHASED BY YOU, THE AMOUNT PAID BY YOU TO MARINE + VINE TO PURCHASE SUCH PRODUCTS OR SERVICES.
ACKNOWLEDGEMENT REGARDING PRODUCTS AVAILABLE ON THE SITE
All of the products purchased from the Site should only be used in accordance with the manufacturer's instructions, precautions and guidelines. You agree that you are using the Site and the products and services offered by the Site at your own risk. You are responsible for using any items purchased responsibly and in accordance with applicable directions for use. It is your responsibility to review the ingredients of all items and understand your tolerances to ensure that the use of these products will not cause allergic reactions or other adverse side effects.
You agree to indemnify and hold Marine + Vine and any Marine + Vine Party harmless from and against any third-party or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.
Our name and logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Marine + Vine or its affiliates in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Marine + Vine or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Marine + Vine or its affiliates. Use of trademarks for commercial purposes without authorization from us is strictly prohibited.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is Copyright © Marine and Vine Inc., ALL RIGHTS RESERVED. The compilation of all content on the Site is the exclusive property of Marine + Vine and protected by U.S. and international copyright laws. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from us or the copyright holder identified in the individual content's copyright notice.
We are committed to complying with the copyright laws of the United States and to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our Designated Agent in the manner described below:
By Email: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the agreement created by these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the services provided on the Site, or when you cease using the Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate of the agreement created by these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof).
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any dispute arising out of or related to these Terms of Service or the use of the Site or the purchase of any products offered by or accessed through the Site shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms of Service shall not be governed by the United Nations Convention on the International Sale of Goods. Marine + Vine and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, with respect to the purchase of products offered by or accessed through the Site, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against us that is more than one year after the date of purchase.
Our obligations under these Terms of Service or otherwise are subject to delays caused by force majeure or events outside our reasonable control.
Questions about these Terms of Service should be sent to us at the following:
Marine + Vine
2711 N Sepulveda Blvd., #442
Manhattan Beach, CA 90266