Effective Date: 4.16.2024
*Please read these terms very carefully as they form a binding Agreement between you and Jersey Shore Clothing, LLC.*
Our website
is managed by Jersey Shore Clothing, LLC. The terms on this site including
“we”, “us” and “our” refer to Jersey Shore Clothing, LLC. This website,
including all information, tools, and services available to the consumer is
conditioned upon your acceptance of all terms, conditions, policies, and
notices stated within.
By using our
site and/or purchasing from us, you are hereby engaged in our “Service.” You
agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including additional terms & conditions and policies referenced
herein and/or available via 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 review
our Terms of Service. By accessing or using any part of our site, you agree to
be bound by these Terms of Service. If you do not agree to the terms and
conditions of this agreement, then you should stop the use of our website/service.
Any new
features or tools which are added to our current website shall also be subject
to our Terms of Service. You may 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
our website. It is your responsibility to check this page for changes. Your
continued use of our website following the posting of any changes constitutes
acceptance of those changes.
SECTION 1: WEBSITE
TERMINOLOGY
By agreeing
to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence. Therefore, you have given us
your consent to allow any of your minor dependents to use this site.
You cannot
use our products for any illegal or unauthorized purpose. In addition, you cannot
use our Service to violate any laws in your jurisdiction (including but not
limited to copyright laws). The JSC Seagull® is a registered trademark
belonging to Jersey Shore Clothing, LLC. Copyright laws are enforced. Reg. No.
7,7038,280. Registered Apr. 25, 2023
You must not
transmit any worms, viruses, or malicious code for destructive purposes.
A breach or
violation of any of the Terms will result in an immediate termination of your access
to www.JerseyShoreClothing.
SECTION 2: OVERALL CONDITIONS
We reserve
the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes may occur to adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted.
You agree
not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our
website without written permission from Jersey Shore Clothing, LLC.
SECTION 3: ACCURACY
OF INFORMATION
We are not
responsible if information made available on this site is not accurate. The
material on our site is provided as general information. Any reliance on the
material on this site is at your own risk. This site may contain certain
historical information; historical information may not be current and is
provided for your reference only. We reserve the right to modify the contents
of this site at any time. We are not obligated to update information on our
site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: PRICE
& SERVICE ADJUSTMENTS
Prices for
our products are subject to change at any time. Additionally, we reserve the right
to modify or discontinue any products for any reason.
We are not
liable to you or any third-party for any modifications, price change, suspension,
or discontinuance of the products from our website.
SECTION 5:
PRODUCTS AND SERVICES
Our products
are exclusively available online at www.JerseyShoreClothing.com. We are an
e-commerce company. Our products or
services may have limited quantities, sizes, colors, patterns etc. and are
subject to our Return Policy which is published on our website.
We have made
every effort to display as accurately as possible the colors and images of our
products that appear on our website. 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 or
Services to any person, geographic region, or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at any time without notice,
at the sole discretion of Jersey Shore Clothing, LLC. We reserve the right to
discontinue any product at any time.
We do not guarantee
that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in
the Products or Service will be corrected.
SECTION 6:
BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve
the right to refuse any order you place with us. We may 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. If
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 agree to
provide current, complete, and accurate purchase and account information for
all purchases made on our website. You agree to promptly update your account
and other information, including your email address, shipping address, credit
card numbers, expiration dates, etc.
SECTION 7:
TOOLS
Third-party content
we do not monitor.
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.
Your use of
optional tools provided by our site is at your own risk and discretion. You
should ensure that you approve the terms of the tools provided by the relevant
third-party provider(s).
We may also
offer new services and/or features through our website. If new features and/or
services are added, they will also be subject to these Terms of Service.
SECTION 8:
THIRD-PARTY LINKS
Certain
content, products, and services available via our website may include materials
from third parties.
Third-party
links on this site may direct you to third-party websites which are not
affiliated with us. We are not responsible for the content or accuracy of any
third-party materials or websites. We will not have any liability or
responsibility for any other materials, products, or services of these 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 any third-party's policies and
practices before you engage in any transaction. Complaints, claims, concerns,
or questions regarding third-party products should be directed to the
third-party.
SECTION 9: USER
SUBMISSIONS, COMMENTS, FEEDBACK
If you
submit comments, feedback and/or other submissions; for example, marketing
ideas, suggestions, proposals, plans, or other materials; whether online, by
email, by postal mail, etc. you agree that we may use without restriction your
submissions, comments & feedback.
We will, but
are not legally required to monitor, edit or remove content that we determine to
be illegitimate, aggressive, defamatory, offensive, pornographic, obnoxious or violates any party’s
intellectual property or these Terms of Service.
You agree
that your comments will not violate any rights of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary
right. Furthermore, you agree that your
comments will not contain legally liable, hate speech 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.
SECTION 10:
PERSONAL INFORMATION
Your
submission of personal information through our website is governed by our
Privacy Policy. Our Privacy Policy is available & published on our website;
www.JerseyShoreClothing.com
SECTION 11: OMISSIONS
& ERRORS
There might
be information on our site that contains typographical errors, inaccuracies or
omissions that may relate to our product descriptions, pricing, promotions,
offers, product shipping charges, delivery times and availability. We reserve
the right to correct any errors or omissions, and to change/update information
or cancel orders if any information in our website or any related website or
Service is inaccurate.
We have no
obligation to update, amend or clarify information on our website or on any
related website or service, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied on our
website or on any related website or service should be taken to indicate that
all information on our website or on any related website has been modified or
updated.
SECTION 12:
PROHIBITED USES
In addition
to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content for: (1) for any unlawful purpose; (2) to
solicit others to perform or participate in any unlawful acts; (3) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (4) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (5) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (6) to submit false or misleading information; (7) 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; (8) to collect or track the personal
information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (10) for any obscene or immoral purpose; or (11) 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.
SECTION 13: LIMITATION
OF LIABILITY; DISCLAIMER OF WARRANTIES
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 we may remove the Service for an indefinite period 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 Jersey Shore Clothing, LLC 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.
SECTION 14:
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless Jersey Shore Clothing, LLC, affiliates,
partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15:
SEVERABILITY
If 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.
SECTION 16:
TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement 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 our Services, or when you cease using www.JerseyShoreClothing.com.
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 this
agreement 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 our Services (or any part thereof).
SECTION 17: ENTIRE AGREEMENT
Our failure
to exercise or enforce any right or provision of these Terms of Service will
not constitute a waiver of such right or provision.
These Terms
of Service and any policies or operating rules posted on our site or in respect
to The Service constitutes the entire agreement and understanding between you
and us and govern your use of the Service, 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.
SECTION 18:
GOVERNING LAW
These Terms
of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of
Jersey Shore
Clothing, LLC:
495 Route 70
#1020. Brick, New Jersey 08723
SECTION 19:
CHANGES TO 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, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20:
CONTACT INFORMATION
Questions
about the Terms of Service should be sent to us at:
CustomerService@JerseyShoreClothing.com.
Sincerely
Yours,
Jersey Shore
Clothing, LLC
