Terms of Service
Welcome to Sea Sail Bags, your destination for wholesale products. These Terms of Service ("Terms") constitute the agreement between you, the user ("you" or "your"), and Sea Sail Bags, a brand owned and operated by Sea Sail Bags LLC ("we," "us," or "our"). Our registered office is located at 591 Collaboration Way 2nd Floor, Newark, DE 19713. By accessing and using the Sea Sail Bags website, found at www.seasailbags.com (the "Website"), you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree with these Terms, please discontinue the use of our Website immediately.
1. Intellectual Property Rights
Unless otherwise stated, the content on the Sea Sail Bags Website, including text, images, logos, and trademarks, is owned or licensed by Sea Sail Bags LLC and is protected by intellectual property laws. You may access and use our Website for personal, non-commercial purposes. Any commercial use of our Website's content requires our express written consent.
2. User Representations
By using our Website, you represent and warrant that:
- All registration information you provide is accurate and up-to-date.
- You have the legal capacity and agree to comply with these Terms.
- You are at least 18 years old.
- You will not use automated or non-human means to access our Website.
- You will not use our Website for illegal or unauthorized purposes.
- Your use of our Website complies with applicable laws and regulations.
We reserve the right to suspend or terminate your account for providing false information or violating these Terms.
3. User Registration
Some areas of our Website may require registration. You are responsible for maintaining the confidentiality of your account information, including your password. We reserve the right to change or remove usernames that we deem inappropriate.
We make every effort to accurately display product information on our Website. However, we do not guarantee the accuracy, completeness, or availability of product details. Product prices and availability are subject to change.
5. Purchases and Payment
We accept various forms of payment, including Visa, Mastercard, American Express, Discover, and PayPal. By making a purchase, you agree to provide accurate payment information and authorize us to charge your chosen payment method for the total amount. We reserve the right to correct pricing errors and refuse or limit orders.
6. Return Policy
Please review our Return Policy, which is posted on our Website, before making any purchases.
7. Prohibited Activities
You may only use our Website for its intended purpose. Prohibited activities include:
- Retrieving data without permission.
- Using the Website for illegal purposes.
- Circumventing security features.
- Posting offensive or harmful content.
- Impersonating others or using automated tools.
We reserve the right to take action against violators.
8. User-Generated Contributions
You may have the opportunity to submit content, including reviews and comments. By doing so, you grant us a broad license to use, modify, and distribute your contributions for various purposes. You retain ownership of your contributions but waive moral rights.
Any feedback, suggestions, or information you provide to us is non-confidential and becomes our property. We may use this information without acknowledgment or compensation.
10. Site Management
We reserve the right to monitor the Website for violations, take legal action against violators, limit access, and manage the Website to protect our rights and ensure its proper functioning.
12. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material on our Website infringes upon your copyright, please promptly notify us using the contact information provided below.
13. Term and Termination
These Terms remain in effect as long as you continue to use our Website. We reserve the right, at our sole discretion and without notice or liability, to deny access to our Website and its offerings, including blocking specific IP addresses, for any reason or no reason. This includes instances of a breach of representation, warranty, or covenant contained in these Terms, or any violation of applicable laws or regulations. We also reserve the right to terminate your use or participation on our Website, delete your account, and remove any content or information that you have posted, all at our sole discretion.
14. Modifications and Interruptions
We reserve the right to make changes, modifications, or removals to the content on our Website at our sole discretion and without prior notice. While we are not obligated to update the information on our Website, we may choose to do so at our discretion. Additionally, we may modify or discontinue all or part of our Website offerings without notice at any time. We shall not be held liable for any changes, price adjustments, suspensions, or discontinuances of our Website or its offerings.
Please note that our Website may experience technical issues, including hardware and software problems, as well as the need for maintenance. These issues may result in interruptions, delays, or errors in the operation of our Website. We reserve the right to change, revise, update, suspend, discontinue, or modify our Website or its offerings at any time, without notice. By using our Website, you acknowledge that we bear no liability for any loss, damage, or inconvenience resulting from your inability to access or use our Website during periods of downtime or discontinuance.
15. Governing Law
16. Dispute Resolution
Binding Arbitration: If informal negotiations fail to lead to a resolution, except for specific Disputes excluded below, all remaining Disputes will be exclusively resolved through binding arbitration. You acknowledge that, without this provision, you would have the right to pursue legal action in court, including the right to a jury trial. The arbitration will be initiated and conducted following the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both accessible on the AAA's website at www.adr.org. Your arbitration fees and your share of arbitrator compensation will be subject to the AAA Consumer Rules, including potential limitations.
*Arbitration proceedings may occur in person, through document submission, by phone, or online. The arbitrator will issue a written decision, unless either Party requests a statement of reasons. The arbitrator must adhere to applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by the applicable AAA rules or the law, arbitration will be conducted in Bexar, Texas. Except as expressly provided herein, the Parties may seek court intervention to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitration award.
*No Dispute brought by either Party related to our website may be initiated more than one (1) year after the cause of action arose. If any portion of this provision is found to be illegal or unenforceable, neither Party will arbitrate any Dispute covered by that portion, and the Dispute will be resolved by a court of competent jurisdiction as indicated above.
Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) Disputes shall not be arbitrated on a class-action basis or using class action procedures; and (c) Disputes shall not be brought in a representative capacity on behalf of the general public or any other individuals.
Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the provisions governing informal negotiations and binding arbitration: (a) Disputes related to the enforcement, protection, or validity of any Party's intellectual property rights; (b) Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any portion of this provision is found to be illegal or unenforceable, neither Party will arbitrate any Dispute covered by that portion, and the Dispute will be resolved by a court of competent jurisdiction as indicated above.
Occasionally, our website may contain information with typographical errors, inaccuracies, or omissions. These errors may relate to product descriptions, pricing, availability, or other information. We retain the right to correct any such errors, inaccuracies, or omissions and to update or change the information on our website at any time, without prior notice.
Our website is made available to you on an "as-is" and "as-available" basis. By using our website, you acknowledge that you do so at your own risk. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express or implied, concerning your use of our website. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties regarding the accuracy or completeness of the content on our website or the content of any websites linked to our site. We assume no liability or responsibility for:
- Errors, mistakes, or inaccuracies in content and materials.
- Personal injury or property damage resulting from your use of our website.
- Unauthorized access to or use of our secure servers and personal and financial information stored therein.
- Any interruptions, errors, or delays in transmission to or from our website.
- Any bugs, viruses, Trojan horses, or similar items transmitted to or through our website by any third party.
- Errors or omissions in any content and materials or any loss or damage resulting from the use of content posted, transmitted, or made available through our website.
We do not endorse, guarantee, warrant, or assume responsibility for any products or services advertised or offered by third parties through our website, linked websites, or any website or mobile application featured in banners or other advertisements. When making purchases through our website or any other medium, exercise caution and make informed decisions.
19. Limitations of Liability
In no event shall Sea Sail Bags LLC, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our website or services, even if we have been advised of the possibility of such damages. Notwithstanding any other provision contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us. Some state and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers or limitations above may not apply, and you may have additional rights.
You agree to defend, indemnify, and hold Sea Sail Bags LLC, including our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Your contributions or content.
- Your use of our website or services.
- Your breach of these Terms of Service.
- Any breach of your representations and warranties set forth in these Terms of Service.
- Your violation of a third party's rights, including but not limited to intellectual property rights.
- Any harmful act toward another user of our website with whom you interacted via our website.
We reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding.
21. User Data
We will retain certain data that you transmit to our website for the purpose of managing our website's performance and data related to your usage. While we conduct regular backups of data, you are solely responsible for all data transmitted by you or related to any activity you undertake through our website. You agree that we bear no liability for any loss or corruption of such data and hereby waive any right to take legal action against us for any such loss or corruption.
22. Electronic Communications, Transactions, and Signatures
By visiting our website, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive electronic communications from us and agree that any agreements, notices, disclosures, or other communications we provide to you electronically, whether via email or on our website, meet all legal requirements for written communication. You further consent to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by us or through our website. By accepting these Terms of Service, you waive any rights or requirements related to statutes, regulations, rules, ordinances, or other laws that necessitate an original signature, non-electronic records, or payments by means other than electronic methods.
23. California Users and Residents
For users and residents of California, if any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Service, together with any accompanying policies or operational guidelines presented on our website, constitute the entire agreement between you and Sea Sail Bags LLC. Our abstention from exercising or enforcing any right or provision within these Terms of Service shall not be construed as a waiver of such right or provision.
These Terms of Service operate to the maximum extent allowable by law, and we retain the ability to assign any or all of our rights and responsibilities to third parties at our discretion.
We shall not be held accountable or liable for any loss, damage, delay, or inability to act arising from any cause beyond our reasonable control.
In the event that any provision or part of a provision within these Terms of Service is deemed unlawful, void, or unenforceable, said provision or part thereof is considered separable and does not affect the validity and enforceability of the remaining provisions.
No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Service or your utilization of our website.
These Terms of Service will not be interpreted against us solely due to our drafting.
25. Contact Us
If you have any inquiries or concerns regarding these Terms of Service or our website, please feel free to get in touch with us at the following address:
Sea Sail Bags LLC
591 Collaboration Way 2nd Floor, Newark, DE 19713
Phone: +1 (970) 716-7625