Terms of Service Agreement
Last Updated September 9, 2020
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement between you and Ocean Wave Outlet, LLC, located in Valparaiso, Indiana and our subsidiaries and affiliates, in association with the use of our site, which includes www.oceanwaveoutlet.com, (the “Site”) and its services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website wherein products are sold. The Site is operated by Ocean Wave Outlet, LLC. Throughout the Site, the terms, “we”, “us” and “our” refer to Ocean Wave Outlet, LLC. Ocean Wave Outlet, LLC offers this Site, including all information, tools, services and products available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein. These terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content. In the event of an inconsistency between this TOS and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these terms. If you do not agree to all the terms of this TOS, then you may not access the Site or use any Service. If these terms are considered an offer, acceptance is expressly limited to these terms.
Any new features or products which are added to the current online store shall also be subject to the terms. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates or changes to our 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.
GENERAL TERMS
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy of completeness of the information, content or materials provided through the Site. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
Users can pay with and we accept payment by credit card, debit card, Ocean Wave Outlet gift card, Apple Pay, and Google Pay in U.S. dollars.
ACCEPTABLE USE
User’s use of the Site, any content, and any information provided by the user including user names and passwords, addresses, email addresses, phone number, financial information (such as credit card numbers), information related to a bank account or employer name (“User Information”) transmitted in connection with the Site is limited to the contemplated functionality of the Site. In no event may the Site be used in a manner that: (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) provides sensitive personal information unless specifically requested by Ocean Wave Outlet, LLC, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access the Site that is not authorized by Ocean Wave Outlet, LLC; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment; (h) attempts to gain unauthorized access to Ocean Wave Outlet, LLC’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these terms; (k) attempts to damage, disable, overburden, or impair Ocean Wave Outlet, LLC’s networks or affiliates; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms. Ocean Wave Outlet, LLC reserves the right, in its sole discretion, to terminate any use license, terminate any user participation in the Site, remove content, or assert legal action with respect to content or use of the Site, that Ocean Wave Outlet, LLC reasonably believes is or might be in violation of these terms, or Ocean Wave Outlet, LLC’s policies including this TOS. Ocean Wave Outlet, LLC’s delay in taking such actions does not constitute a waiver of its rights to enforce these terms.
INTELLECTUAL PROPERTY
The Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively “Materials”) are protected by law. All Materials are provided through the Site as a service to its current and prospective visitors and may be used only for personal and informational purposes and only if you also retain all copyright and other proprietary notices continued on the Materials. No right, title or interest in Ocean Wave Outlet Materials is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Site or any of its Materials without our prior written permission, you may not access or use the Site for any competitive or commercial purpose nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Any and all rights not expressly granted are reserved by Ocean Wave Outlet, LLC, as applicable.
INDEMNITY
All users herein agree to insure and hold Ocean Wave Outlet, LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any action of a user of our site may otherwise make through our Services or the purchase of our products, your violations of the Terms of Service or your violation of any such rights of another person.
DISCLAIMER OF LIABILITY
This disclaimer of liability applies to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer and/or user specifically acknowledge the service is not liable for the defamatory, offensive or illegal conduct of other customers, users, or third parties and that the risk of injury from the foregoing rests entirely with you. Neither the service nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to gain access to or use the service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the Service.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Ocean Wave Outlet, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Ocean Wave Outlet, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Ocean Wave Outlet, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
THIRD PARTY SERVICES, SOFTWARE, AND WEBSITES
Ocean Wave Outlet, LLC is not responsible or liable for any loss or damage incurred as a result of your use of any third party's service, product, software, content, or website (collectively, "Third Party Materials") whether or not you were linked to or directed to any Third party materials through the Site. Third Party Materials, such as email, e-commerce, dropshipping and payment services may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not continue to use the Site. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
Third Party Payment Processors: Ocean Wave Outlet, LLC uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third-party processors’ use of your personal information is governed by their respective privacy policies. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
RELEASE
In the event you have a dispute, you agree to release Ocean Wave Outlet, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Ocean Wave Outlet, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Ocean Wave Outlet, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Ocean Wave Outlet, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ocean Wave Outlet, LLC Services, affiliate Services, third- party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Ocean Wave Outlet, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Indiana without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Ocean Wave Outlet, LLC, shall be filed within the courts having jurisdiction within the County of Porter, Indiana or the U.S. District Court located in said state. You and Ocean Wave Outlet, LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Ocean Wave Outlet, LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.