TERMS & CONDITIONS
Welcome to Oceansgalleryclo.com (the “Web Site”), (collectively “Oceans Gallery LLC,” “us,” “we” or “our”). This Web Site is operated by Oceans Gallery LLC. d/b/a Oceans Gallery.
PLEASE NOTE THAT THE “ARBITRATION AND JURISDICTION” SECTION BELOW REQUIRES ALL CONTROVERSIES OR CLAIMS ARISING BETWEEN YOU AND Oceans Gallery AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREUNDER (WITH LIMITED EXCEPTIONS) TO BE RESOLVED IN BINDING ARBITRATION. BY USING THE WEB SITE, EXCEPT AS OTHERWISE NOTED BELOW, YOU WAIVE, KNOWINGLY AND VOLUNTARILY, ALL RIGHTS TO PROCEED IN A COURT OF LAW IN CONNECTION WITH ANY SUCH CONTROVERSY OR CLAIM, INCLUDING THE RIGHT TO A JURY TRIAL OR TO BRING OR PARTICIPATE IN A CLASS ACTION. PLEASE VIEW THE “ARBITRATION AND JURISDICTION” SECTION BELOW.
AUTHORIZED USE AND ACCESS
The Web Site is intended solely for your personal, non-commercial use. We may change the contents of, suspend or limit access to, or discontinue the Web Site, or any portion thereof, at any time without notice. You acknowledge that, from time to time, you may not be able to access the Web Site, including, without limitation, due to (i) technical difficulties; (ii) repairs or maintenance which we may undertake as needed; or (iii) causes beyond our control or which we cannot reasonably foresee. You further acknowledge that Oceans Gallery does not represent or warrant that the information on the Web Site is accurate, reliable, complete, comparative to the market or current, including with respect to pricing, discount, sales and availability information. Without limiting the generality of the forgoing, Oceans Gallery does not represent or warrant that the quality of any products, services, information or other material obtained by you through the Web Site will meet your expectations or needs. Oceans Gallery reserves the right to correct any errors or omissions, and to change or update information, at any time without prior notice, but is under no obligation to do so and does not represent that it shall correct any errors or omissions.
All products and services purchased on or through the Web Site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if applicable. To the fullest extent applicable by law, Oceans Gallery and its parent, subsidiaries, affiliates and its and their shareholders, officers, directors, employees and representatives disclaim all warranties of any kind, either express or implied, with respects to the products and services listed or purchased on or through the Web Site.
PROPRIETARY RIGHTS; UNAUTHORIZED USE
All content of the Web Site (including designs, sounds, pictures, page headers, text, graphics, logos, button icons, images, software, and other files and the selection and arrangement thereof, as well as any intellectual property rights therein) is the property of Oceans Gallery or our licensees or suppliers and is protected by United States and international patent, trademark, trade secret, copyright and other intellectual property laws. Oceans Gallery reserves the right to enforce its intellectual property rights to the fullest extent of the law.
You may electronically copy and print hard copies of pages from the Web Site solely for personal, non-commercial purposes related to placing an order or shopping on the Web Site or in Oceans Gallery retail stores. Any other use of the Web Site or any of its contents, including reproduction, distribution, or public display of, or creation of works that derive from, the Web Site or its content, in whole or in part, is strictly prohibited without our prior written permission.
REGISTRATION AND PASSWORDS
DISCLAIMER; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) Oceans Gallery AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT, TITLE, MERCHANTABILITY, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INTERRUPTIONS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREEDOM FROM ERRORS), WITH RESPECT TO THIS WEB SITE, ITS CONTENT, AND THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH IT, ALL OF WHICH ARE PROVIDED "AS IS," AND (II) Oceans Gallery AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOST OPPORTUNITIES, LOST INFORMATION, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEB SITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE THE BASIS OF THE BARGAIN BETWEEN YOU AND Oceans Gallery, AND THE PRODUCTS, INFORMATION AND SERVICES AVAILABLE AND OFFERED ON THE WEB SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
ARBITRATION AND JURISDICTION
YOU ACKNOWLEDGE THAT THERE IS NO JUDGE OR JURY IN AN ARBITRATION AND THAT COURT REVIEW OF AN ARBITRATION IS LIMITED. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF YOU AND Oceans Gallery AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREBY WAIVE, KNOWINGLY AND VOLUNTARILY, ANY RIGHT YOU MAY HAVE TO SUE IN COURT, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO A JURY TRIAL OR TO BRING OR PARTICIPATE IN CLAIMS AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY PURPORTED MULTI-CLAIMANT, REPRESENTATIVE OR CLASS PROCEEDING.
NOTWITHSTANDING THE ABOVE ARBITRATION REQUIREMENT, Oceans Gallery AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES MAY BRING SUIT IN COURT FOR ANY CLAIM BROUGHT PURSUANT TO SECTION 7 BELOW OR TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
LINKS TO OTHER SITES
The Web Site may contain links to web sites operated by third parties. Oceans Gallery does not endorse or assume any responsibility for these web sites or any content they contain or collect from you. We have no control over, or responsibility for, their content, information or activities. Please be aware when you leave our Web Site and read the terms and conditions and privacy statements of each and every web site you visit, and you use any other web site at your own risk.
The Web Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web Site. We make no representations regarding the legality of this Web Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Any notices we may be required by applicable law to provide to you will be effective upon our (a) sending an e-mail message to you at your e-mail address on file with us or (b) publishing such notices on the Web Site.