WASHED ASHORE reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date.” By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
Further, the buyer realizes that by using WASHED ASHORE and the Service(s), that transactions via the Internet and items purchased may be subject to state and federal taxes, and you agree to abide by all Federal and State tax laws, and international tax laws if applicable.
We reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of WASHED ASHORE, you, or others. You use the WASHED ASHORE service at your own risk.
1. Right to Use.
Your permission to use the WASHED ASHORE Service is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. You agree that you:
– Are at least 18 years of age or older and can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use WASHED ASHORE’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities;
– Will comply with all local laws regarding online conduct and acceptable content;
– Will comply with these Terms of Service;
– Will provide accurate information when using our Services;
– Will not describe or assign content using the Service in a misleading or unlawful manner, including a manner intended to trade on the name or reputation of others;
– Will not use WASHED ASHORE to collect any personally identifying information, including names, email addresses or other such information, without permission, for commercial purposes or otherwise;
– Are solely responsible for any content submissions you provide, including but not limited to comments, discussion posts, tweets, links, and other such content, if any;
– Will not submit content that is copyrighted by third parties or subject to third party proprietary rights, unless you are the owner of such rights or have the proper permissions to use such content;
– Will not use this Site to spread malicious content, viruses, or to defame or malign anyone or any entity;
– Have either received permission from your employer (if your employer has rights to intellectual property you create) or secured a waiver from your employer as to all rights in or to the content;
– Hereby affirm that WASHED ASHORE has the right to determine whether any of your content submissions are appropriate and comply with these Terms of Service, and to remove any and/or all of your submissions without prior notice.
– Are solely responsible for all applicable taxes.
– Will not post violent, discriminatory, unlawful, infringing, hateful photos, or other content via the Service.
Without limiting any other remedies, we may, without notice, alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Site or restrict your access to parts or all of the Services without notice or liability.
Some of WASHED ASHORE’s Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you from complying with any traffic or safety laws.
2. Availability of Services.
WASHED ASHORE cannot control the Internet, and that sometimes means that interruptions may occur. While WASHED ASHORE takes every reasonable action to make sure that the Services remain fully functional and up to date, there may come a time where the Services are unavailable, for any reason or no reason, including for routine maintenance. Due to circumstances either in our control or not in our control, access to the Service may be interrupted, suspended, or terminated. WASHED ASHORE retains the right at its sole discretion to deny access to part or all of the Service(s) to anyone, at any time and for any reason, without prior notice.
3. Guest Checkout.
Customers are not required to create personal accounts to make purchases from WASHED ASHORE. Currently, Guest Checkout is the only accepted way to make purchases. At Checkout, customers have the option of opting in to have their emails included in WASHED ASHORE’s electronic mailing list.
Notwithstanding the foregoing, WASHED ASHORE may, from time to time, offer special promotions to users on a site-wide basis. WASHED ASHORE reserves the right to promote and market Works through the use of sales/and or discounts. Except as otherwise expressly approved by WASHED ASHORE, sales or discounts shall not be transferable, and users shall not transfer, assign, or gift sales or discounts to fellow WASHED ASHORE users.
WASHED ASHORE and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites, the applicable third party website will be responsible for collecting, billing, and shipping information, as applicable, from the purchaser and for processing payments and refunds.
WASHED ASHORE and/or its third party service provider shall collect the total payment at the time of purchasing confirmation (i.e. when WASHED ASHORE confirms the purchase).
WASHED ASHORE may, at its sole discretion, now or in the future, choose to require Users to create personal accounts in order make a purchase through the Site. During the registration process, you will be required to provide certain customary information and you will establish a username and a password for the Services.
Binding Sale: Buyers are responsible for reading the description of items before making a purchase. ALL SALES ARE BINDING.
Purchaser Terms and Conditions:
Prices for WASHED ASHORE pieces will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable taxes, if any, for which you are responsible and which will be separately identified on your receipt. WASHED ASHORE and/or its third party service providers will collect your billing and shipping information and process your payment. When you purchase WASHED ASHORE pieces via the Site and Services, such purchases will be subject to the applicable terms and conditions presented to you at the time of purchase.
WASHED ASHORE gift certificates are available for purchase directly from WASHED ASHORE. When you purchase a WASHED ASHORE electronic gift certificate, a unique code or physical certificate will be sent to the recipient via email to the email address provided at checkout. This email will contain instructions about how to redeem the gift certificate at checkout. Once a WASHED ASHORE gift certificate has been redeemed, it cannot be returned for cash value or transferred to another person. In the event your order total is less than your existing gift card balance, the remainder of the balance will stay in your account’s gift certificate balance to be used for future purchases. In the event your order total is more than your existing gift certificate balance, the remainder of your order total must be paid with a credit card through the WASHED ASHORE check out procedure. At check out, you have the option to apply your gift certificate to eligible orders. Your gift certificate balance cannot be used to buy another WASHED ASHORE gift certificate.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with WASHED ASHORE must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
International Orders; Import Duties/Taxes
International orders are welcome; however, our Services are based in the United States and we do not represent or warrant that our Services will be appropriate or available for use outside the United States. If you are located outside the United States, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. You are the importer of record, with full responsibility for any sales, excise, value-added, GST or similar taxes and for import and customs taxes and duties. Customs procedures in your country may delay your receipt beyond our estimated delivery date. WASHED ASHORE will use reputable authorized shippers, such as DHL, or any other similarly situated shipper, as WASHED ASHORE may choose in its sole discretion.
We disclaim any liability for any compliance with local laws or procedures in your country of delivery, or delay or losses deriving from international orders.
Please note that WASHED ASHORE may impose or deduct foreign currency processing costs on or from any payments or payouts by WASHED ASHORE in currencies other than U.S. dollars. Except as otherwise provided herein, service fees to WASHED ASHORE are non-refundable.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
WASHED ASHORE reserves the right to cancel any order placed via the Site and Services if WASHED ASHORE determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If WASHED ASHORE cancels an order placed via the Site or Services, WASHED ASHORE will send you an email confirmation of such cancellation and you will not be charged for your order. If you have already been charged, WASHED ASHORE will reimburse your Account within a commercially reasonable amount of time to the same payment method you originally used.
Damaged Items; Risk of Loss
Your purchased Product is a final sale upon shipment unless otherwise stated herein. Shipment is handled by a third-party carrier, which is currently ShipStation, and the risk of loss passes from the Seller to you at shipment. Therefore, should the WASHED ASHORE piece be damaged in transit to you, your recourse is against the carrier and the insurance carried on the shipment.
If you receive a damaged product or a product you are unsatisfied with, we agree, at our sole discretion, to reimburse you for the amount paid by you through the Site, less processing fees, where applicable. WASHED ASHORE requires all returned products to be shipped out by the buyer within fourteen (14) calendar days of the date of shipment for a full refund or exchange. If you do not ship the piece within fourteen (14) days of the date of shipment, you will NOT be eligible for a refund or exchange. All determinations of WASHED ASHORE with respect to the Returns Policy, including without limitation, approval or denial of a refund, or the size of any refund, shall be final and binding on all WASHED ASHORE users.
When making a return, You must repackage the piece using the original packaging materials used by us. If you’ve already disposed of the original packaging, you’ll be responsible for purchasing new packaging materials to send the piece back safely to us. You agree to use packaging materials that will ensure the safe return of the pieces to WASHED ASHORE.
Once the piece safely reaches the seller, WASHED ASHORE will process your return and the amount owed will be refunded to your original source of payment in the same currency and using the same exchange rate as your original order (minus shipping costs and international customs fees, if any) within seven to ten (7-10) business days of your merchandise return. WASHED ASHORE is not responsible for undelivered returns. Additional shipping fees may apply for international returns.
All prices, fees and other amounts referred to in these Terms, including any prices and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or any customs, duties, or tariffs that may be assessed by any governmental authority or that are otherwise payable under applicable law with respect to the purchase, sale, and licensing transactions contemplated hereunder (collectively, “Taxes”).
If you are a purchaser of a WASHED ASHORE piece, you acknowledge that WASHED ASHORE may add Taxes to the amounts charged, as a separate identifiable charge, when required or allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes.
Colors: You understand and agree that WASHED ASHORE uses commercially reasonable efforts to display the colors of WASHED ASHORE pieces accurately via the Site and Services. However, because individual computer monitors may display colors differently, WASHED ASHORE is not responsible for the color accuracy of any WASHED ASHORE pieces displayed on the Site and Services, and disclaims all liability in this regard.
Feedback: We welcome and encourage you to leave feedback, provide comments, and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by e-mailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of WASHED ASHORE and you hereby irrevocably assign to WASHED ASHORE all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At WASHED ASHORE’s request and expense, you will execute documents and take such further acts as WASHED ASHORE may reasonably request to assist WASHED ASHORE to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
WASHED ASHORE Content
WASHED ASHORE may also make available through the Site, and Services, text, graphics, audio, video and images of works of art (collectively, “WASHED ASHORE Content”) some of which is owned by WASHED ASHORE (“WASHED ASHORE-owned Content”), and some of which is made available under license by a third party (“WASHED ASHORE-licensed Content”). WASHED ASHORE authorizes you to view WASHED ASHORE-owned Content solely for your personal use in visiting the Site, in connection with exercising the rights granted to shoppers under these Terms. For WASHED ASHORE-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such WASHED ASHORE-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WASHED ASHORE or its licensors, except for the licenses and rights expressly granted in these Terms. We reserve all rights not expressly granted to you in these Terms.
6. Prohibited, Questionable, and Infringing Items and Activities.
You are solely responsible for your conduct and activities on and regarding WASHED ASHORE and any and all data, text, information, graphics, images, photographs, audio, video, items, and links (together “Content”) that you submit, post, and display on WASHED ASHORE.
Restricted Activities: Your Content and your use of WASHED ASHORE shall not:
1. Be false, inaccurate, or misleading;
2. Infringe upon any third-party’s copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy (see also, WASHED ASHORE’s Copyright and Intellectual Property Policy);
3. Violate this Agreement, WASHED ASHORE’s Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
4. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other governmental agencies;
5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including WASHED ASHORE staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar e-mail address, nicknames, or creation of false account(s) or any other method or device;
6. Take any action that may undermine online reviews or feedback;
7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. Modify, adapt, or hack WASHED ASHORE or modify another website so as to falsely imply that it is associated with WASHED ASHORE;
9. Appear to create liability for WASHED ASHORE or cause WASHED ASHORE to lose (in whole or in part) the services of WASHED ASHORE’s ISPs or other suppliers; or
Furthermore, you agree not to do any of the following:
· Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information, or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourage any conduct that would violate any applicable law or regulation or would give rise to a civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
· Use, display, mirror or frame the Site, or any individual element within the Site, WASHED ASHORE’s name, any WASHED ASHORE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WASHED ASHORE’s express written consent;
· Access, tamper with, or use non-public areas of the Site, WASHED ASHORE’s computer systems, or the technical delivery systems of WASHED ASHORE’s providers;
· Attempt to probe, scan, or test the vulnerability of any WASHED ASHORE system or network or breach any security or authentication measures for any reason whatsoever;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WASHED ASHORE or any of WASHED ASHORE’s providers or any other third party (including another user) to protect the Site, Services, or WASHED ASHORE Content;
· Attempt to access or search the Site, Services, WASHED ASHORE Content or download WASHED ASHORE Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by WASHED ASHORE or other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing an WASHED ASHORE trademark, logo URL or username without WASHED ASHORE’s express written consent;
· Use the Site, Services or WASHED ASHORE Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or WASHED ASHORE Content to send altered, deceptive, or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or WASHED ASHORE Content;
· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
· Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
WASHED ASHORE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WASHED ASHORE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that WASHED ASHORE has no obligation to monitor your access to or use of the Site or Services but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. WASHED ASHORE reserves the right, at any time and without prior notice, to remove or disable access to any products, listings for WASHED ASHORE pieces, WASHED ASHORE Content, or any other text, graphics, images, software, music, audio, video, information or other content or material that WASHED ASHORE, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Idea Submissions: WASHED ASHORE considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, or otherwise (collectively, the “Material”) to be non-confidential and non-proprietary, and WASHED ASHORE shall not be liable for the disclosure of the Material. Any communication by you to WASHED ASHORE is subject to this Agreement. You hereby grant and agree to grant WASHED ASHORE, concerning all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you. It is WASHED ASHORE’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, WASHED ASHORE does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that WASHED ASHORE is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
7. Information Control.
WASHED ASHORE does not control the Content provided by users that is made available on WASHED ASHORE. The Content covers a wide range of art and subject matter, and may include visual or written material that you may find to be offensive, harmful, inaccurate or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. WASHED ASHORE does not have any control over websites that we or our users may link to, their security, or that of other networks you use to access the Services. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them. WASHED ASHORE does not endorse, and is not, and cannot, be responsible for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, there may come a time when a company or other entity may reach out to you via the Site; we are not responsible for the content of such communication or practices of the companies that send them. By using this Site, you expressly relieve us from any and all liability arising from your use of or communication with any third party web site that you may encounter through the Site or Services.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using WASHED ASHORE, you agree to accept such risks and that WASHED ASHORE (and WASHED ASHORE’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on WASHED ASHORE. Please use caution, common sense, and practice safe buying when using WASHED ASHORE.
8. Electronic Communications and Mobile Application.
The communications between you and WASHED ASHORE use electronic means, whether you visit the Site, send us messages, or e-mails; or whether WASHED ASHORE posts notices on the Site, communicates with you via the Site, or sends you e-mails. You hereby consent to receive communications from WASHED ASHORE in an electronic form, and agree that all terms, conditions, agreements, notices, disclosures, and other communications that WASHED ASHORE provides to you electronically satisfy any legal requirement that such communications would satisfy as if it were in hard copy. The foregoing does not affect your non-waivable rights.
9. Intellectual Property.
You acknowledge that WASHED ASHORE and its affiliates own all rights, title, and interest (including patent rights, copyrights, trade secret rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the Site and its Services, and in any and all versions, whether or not patentable, and any works of authorship, mask works, designations, designs, know-how, ideas, graphics, logos, page headers, button icons, scripts, Service names, trademarks, trade dress, and information made or conceived, in whole or in part, through compilations of data created through the use of the Services (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Services. Any goodwill existing or springing from this Agreement, except for the intellectual property of other sites or companies not owned and operated by us shall inure to the benefit of WASHED ASHORE and/or its assignees only. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks or copyrights of their respective owners. Except as may be expressly granted herein, WASHED ASHORE grants you no right, license, title, or interest in or to any of our Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative works from WASHED ASHORE Intellectual Property. WASHED ASHORE reserves all rights not specifically granted.
10. Copyright Notices.
We respect the intellectual property of others, and we hope you do, too. If you are a copyright owner or an owner’s agent and find any content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have 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 (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. WASHED ASHORE’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The Site may contain links to third-party websites or resources. You acknowledge and agree that WASHED ASHORE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WASHED ASHORE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12. Modification and Termination.
If you breach any of these Terms, WASHED ASHORE will have the right to suspend or disable your access, at its sole discretion and without prior notice to you. WASHED ASHORE reserves the right to revoke your access to and use of the Site, Services, and WASHED ASHORE Content and with or without cause. In the event WASHED ASHORE terminates these Terms for your breach, you will remain liable for any amounts due hereunder.
13. Disclaimer of Warranties and No Guarantee.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WASHED ASHORE, WASHED ASHORE’s subsidiaries, officers, directors, employees, and suppliers provide its Services on an “as is” basis, without warranties of any kind, including, without limitation: the availability or accuracy of content or materials, information, or serviceS, and the warranties of merchantability, fitness for a particular purpose, and non-infringement. WASHED ASHORE expressly disclaims all such warranties. WASHED ASHORE makes no warranty that the Service will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does WASHED ASHORE make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. We do not control any of the entities we work with other than those owned and operated by us. Should the Service, in all of its forms provided by WASHED ASHORE, prove defective and/or cause any damage to your computer or inconvenience to you; you, and not WASHED ASHORE, shall assume the entire cost and all damages which may result directly and indirectly from any and all such defects. This disclaimer of warranty constitutes an essential part of this Agreement. Users in states which do not allow exclusions of implied warranties may have different legal rights, which may vary by jurisdiction. Under no circumstances, and under no cause of action or legal theory, shall WASHED ASHORE, its affiliates or other parties, be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind whatsoever including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all commercial damages resulting from any use of materials or other use of the Service. Under no circumstances will we be responsible for any damages, including but not limited to consequential damages or punitive damages. If, for any reason, WASHED ASHORE is determined to have financial liability to you, the total liability shall be limited to the amount that you have paid us to use the Services, if any.
14. Limitation of Liability/ Indemnity.
15. Jurisdiction/Disputes/Choice of Law.
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of California without regard to its conflict of law provisions. WASHED ASHORE operates within the United States and fully complies with US law. No attempt is made to comply with the laws of every country from which an order might originate. You hereby submit to the personal jurisdiction of the state and federal courts of the State of California for resolution of all disputes. You hereby agree that the exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located in Los Angeles County, California. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
Disputes with WASHED ASHORE: In the event a dispute arises between you and WASHED ASHORE, please contact us. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this section, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of the AAA. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section. You and WASHED ASHORE agree that any cause of action arising out of or related to the Services (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You release WASHED ASHORE (and WASHED ASHORE’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
Without limiting any other remedies, WASHED ASHORE may, without notice or delay, immediately remove Content, warn WASHED ASHORE’s community of a user’s actions, issue a warning to a user, temporarily suspend access to a user, prohibit access to the Site, and/or take technical and legal steps to keep a user off the Site and refuse to provide Services to a user if any of the following apply:
18. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to WASHED ASHORE LLC c/o Luque PLLC, 25 Broadway, 9th Floor, New York, NY 10004, Attn: Anibal A. Luque, Esq.; (in the case of WASHED ASHORE) or, in your case, to the e-mail address you provide to WASHED ASHORE (either during the guest checkout process or when your e-mail address changes). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, WASHED ASHORE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to WASHED ASHORE, if any. In such case, notice shall be deemed given three (3) days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in WASHED ASHORE’s Copyright and Intellectual Property Policy.
20. Affirmation of Agreement.
Thank you for reading this Agreement thoroughly and carefully. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Agreement’s terms and conditions by clicking where indicated on the registration page.
21. Entire Agreement.
These Terms constitute the entire and exclusive understanding and agreement between WASHED ASHORE and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between WASHED ASHORE and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without WASHED ASHORE’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WASHED ASHORE may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.