TERMS OF USE

TERMS OF USE

 

Last updated: 8/15/17

Seavenger provides website features, content and other products and services when you visit, or shop on, the Seavenger.com website (the “Site”). By using the Site you agree to the following terms and conditions, as well as to the current Seavenger Privacy Policy and all other disclaimers, terms and conditions that appear anywhere on the Site.

 

SITE CONTENT

The Site contains information, images, text, customer support information and other materials that are provided for your convenience and use. The information provided might contain errors, omissions, inaccuracies, or outdated content.

Seavenger attempts to make Site information as accurate and complete as possible. However, Seavenger does not warrant that product descriptions or other Site content is always totally accurate, complete, reliable, current, or error-free. If a product offered by Seavenger is not as described, your sole remedy is to return it in accordance with Seavenger’s Return Policy.

 

PRICES AND CONTENT SUBJECT TO CHANGE

Prices, product descriptions and all other content on the Site are subject to change at any time without prior notice. As such, we cannot confirm the price of an item until you order. In the event a product price is listed incorrectly for any reason, Seavenger reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price, regardless of whether the order has been confirmed or your method of payment has been charged. If your method of payment has already been charged for the purchase and your order is canceled, Seavenger will immediately refund the amount charged to your method of payment.

 

SITE POLICIES, SEVERABILITY AND MODIFICATION

Seavenger reserves the right to make changes to the Site, these Terms of Use, the Seavenger Privacy Policy and all other disclaimers, terms and conditions that appear anywhere on the Site at any time. It is your responsibility to review the then-current Terms of Use, Privacy Policy and any other disclaimers, terms and conditions that are applicable to your transaction or use at the time of such transaction or use. If you are dissatisfied with the Site, its content, the Terms of Use, Privacy Policy or any other Site disclaimers, terms and conditions you agree that your sole and exclusive remedy is to discontinue using the Site.

If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

PRIVACY

Please review our Seavenger Privacy Policy, which also governs your use of the Site.

 

ELECTRONIC COMMUNICATIONS

When you use the Site or communicate with us electronically via e-mails, text messages, Site forms or other communications from your desktop or mobile device, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Seavenger Services. You may retain copies of these communications for your records. You agree that all disclosures, agreements, notices, policy updates and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All Site content, including but not limited to text, graphics and forms, is the property of Seavenger or its content suppliers and protected by United States and international copyright laws.

 

SITE ACCESS AND USE, TERMINATION

As a condition of using the Site, you agree that you will not use the Site or any of its content for any purpose that is unlawful under applicable law or prohibited by these Terms of Use. You agree you will not use the Site or any of its content to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of Seavenger, its affiliates or other individuals.

You may not copy, reproduce, distribute (including mirroring, data-mining or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any content, information, products or services obtained from the Sites, for any commercial purpose or enterprise, without limitation.

If you violate any of these Terms of Use, your permission to use the Site is automatically terminated.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER SUBMITTED CONTENT

You may submit reviews, comments, photos, videos, suggestions, ideas, questions, or other information (“Submitted Content”) to the Site.

You agree that in so doing, you represent and warrant that you own or otherwise control all of the rights to the Submitted Content, that your use of the Submitted Content does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Seavenger for all claims resulting from Submitted Content. You further represent and warrant your Submitted Content does not include any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to third parties, and does not consist of nor contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

You further agree that in offering, uploading or sending any Submitted Content to the Site, you grant Seavenger a perpetual, irrevocable, nonexclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Submitted Content throughout the world in any media. You grant Seavenger and its sub-licensees the right to use the name that you submit in connection with such Submitted Content at their sole discretion.

Seavenger reserves the right, but has no obligation, to monitor and edit or remove any Submitted Content. Seavenger takes no responsibility and assumes no liability for any Submitted Content, whether submitted by you or any third party.

You may not use a false e-mail address, impersonate any person or entity, or otherwise attempt to disguise or misrepresent the origin of Submitted Content.

 

YOUR ACCOUNT

If you use any Seavenger Service, you are responsible for maintaining the confidentiality of your account, username and password, and for securing electronic devices you may use to access the Site. You agree to accept responsibility for all activities that occur under your account or username and password.

If you are under 18, you may use the Seavenger Services only with the permission and involvement of a parent or legal guardian.

Seavenger reserves the right to refuse service or terminate accounts at its sole discretion.

 

COPYRIGHT COMPLAINTS

Seavenger respects intellectual property rights. If you believe your work has been copied and presented on the Site in a way that constitutes copyright infringement, please submit your report or complaint to Seavenger.

 

RISK OF LOSS

All items purchased from Seavenger are delivered pursuant to a shipment contract. You agree that the risk of loss and title for such items passes to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND OWNERSHIP/TITLE

Seavenger does not take ownership/title to returned items until the item arrives at our warehouse facility. For more information about Site returns and refunds, please see our Returns Policy.

 

OTHER BUSINESSES

Seavenger provides links to the sites of affiliated companies and certain other businesses. Seavenger does not control such linked websites or online resources and is not responsible or liable for the availability, content, advertising, products or other materials of or on such linked websites or online resources. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk and Seavenger shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You should carefully review the privacy statements and other conditions of use for any linked site before using that site.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SEAVENGER SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SEAVENGER SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

SEAVENGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR RELIANCE UPON ANY SEAVENGER SERVICE, OR FROM ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SEAVENGER SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

SEAVENGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF SEAVENGER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SEAVENGER SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SEAVENGER SITE IS AT YOUR SOLE RISK.

SEAVENGER DOES NOT WARRANT THAT SEAVENGER CONTENT, MATERIALS, INFORMATION, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SEAVENGER SITE, SEAVENGER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SEAVENGER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SEAVENGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN A STATE WITH SUCH LAWS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

APPLICABLE LAW

By using the Site or any Seavenger Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Seavenger.

 

CALIFORNIA RESIDENTS

The Seavenger website is accessible to you at no cost. If you have a question or complaint regarding Seavenger services or desire further information on use of Seavenger services, you may contact us using any of the means listed below:

Phone: 909-923-8050, Mon – Fri, 8:00am – 4:30pm PST

Seavenger
709 E Cedar St
Ontario, CA 91761

 

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.