BINDING AGREEMENT
The Center Brands LLC d/b/a Saltair (“Saltair”, “we”, “us” or “our”) operates this Site. These Terms of Use (“Terms of Use”), and any documents referred to herein, set out the terms and conditions on which you are permitted to use the website for SALTAIR at www.saltairus.org, including the e-commerce service provided by Shopify (the “Site”). BY USING THE SITE, YOU AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE OUR SITE.
CHANGES TO THE TERMS OF USE
Saltair reserves the right to change or modify the Terms of Use from time to time at any time, without notice (other than updating this Site), and in its sole discretion. Saltair will post a new version of the Terms of Use on this Site and update the date set forth above. Unless otherwise provided, any changes or modifications to the Terms of Use will be effective upon posting of the revisions.
YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITE.
OUR INFORMATION
Saltair is a Delaware limited liability company. Our address is www.saltairus.org, 9200 W. Sunset Blvd STE 201, West Hollywood CA 90069. Saltair’s Legal Department may be contacted at: saltairus.org, Attn: Legal Department, 9200 W. Sunset Blvd STE 201, West Hollywood CA 90069. All legal notices shall be sent by registered or certified mail to this address.
OUR ONLINE STORE IS HOSTED BY SHOPIFY
Our online store is hosted by Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. Any new features or tools which are added to the current store shall also be subject to Shopify’s Terms of Use. You can review the most current version of the Shopify’s Terms of Use at any timehttps://www.shopify.com/legal/terms.
PRODUCT LISTINGS & PURCHASES
In addition to any other terms relating to product purchases, returns, trade-ins, and shipping and handling on the Site, the following terms apply when you purchase a product on the Site:
A. All prices are shown in U.S. dollars. Taxes, shipping and handling charges are additional. All prices and taxes are subject to change or adjustment without notice. Saltair reserves its right to expire or modify any promotion at any time. You are responsible for paying all costs associated with your purchase, and for providing accurate and current payment information.
B. You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You are solely responsible for providing all information necessary for us to ship purchased products to you.
C. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
D. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. 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. In the event that 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. We reserve the right to cancel orders at our discretion if we believe that a customer violates applicable law or acts in a way that is harmful to our interests.
E. As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
F. Promo codes can be specific to dates, products or minimum total amount. You cannot combine any promotional offers codes and sales with any other offers. Limit one promo code per order. Promo codes and promotions cannot be used toward gift card purchases. Promo codes cannot be used for any past purchases, are non-transferable, and are non-refundable. For questions or assistance with a promo code please contact Customer Service via email at info@saltairus.org. All promotional codes are subject to change at any time.
G. NOTWITHSTANDING THE FOREGOING, NO STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS.
PRODUCTS LISTED ON THE SITE ARE OFFERED AND SOLD “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that any product, description, photograph, pricing, or other information is accurate, complete, reliable, current or error-free.
THIRD PARTY SITES
Certain content and products and services available via our Site may include materials from third parties.
Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties, nor are we responsible for any data-processing activities carried out by any third party website.
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 carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
USER COMMENTS, FEEDBACK OTHER SUBMISSIONS
If you send certain submissions (for example product reviews, blog comments and contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. You further grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license under any and all rights in and to the Comments to use, reproduce, distribute, create derivative works of, adapt, display, perform, and otherwise exploit, and to make, have made, sell, offer to sell, and import any products and services incorporating or based on, Comments in any manner. We are and shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous 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 Site. 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.
YOUR PRIVACY; PROTECTION OF ACCOUNT CREDENTIALS
Our Privacy Policy describes how we collect and use personal information about you through the Site. You are responsible for protecting your account log-in credentials from unauthorized access and use. You must promptly notify us by e-mail at info@saltairus.org of any known or suspected unauthorized use of your account or the Site.
Our Privacy Policy describes how we collect and use personal information about you through the Site. You are responsible for protecting your account log-in credentials from unauthorized access and use. You must promptly notify us by e-mail at info@saltairus.org of any known or suspected unauthorized use of your account or the Site.
YOUR REPRESENTATIONS & WARRANTIES
By agreeing to these Terms of Use, you represent and warrant that (i) you are at least the age of majority in your state of residence; and (ii) that your activities are lawful in every jurisdiction where you access or use the Site.
DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: THE SITE CONTENT; USER CONTENT; OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE.
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, TYPO-FREE, AVAILABLE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
PROHIBITED USES OF THE SITE & ITS CONTENT
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, keystroke loggers or any other type of malicious code or programs that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
PERMITTED USE OF MATERIALS ON OUR SITE
The content on our Site is provided for your personal, private and non-commercial use only. You may print or share the content from our Site for lawful personal, private and non-commercial purposes, and you may also make others within your organization aware of the content on our Site. You may not otherwise extract, reproduce, sell, resell, exploit or distribute the content of our Site without our express prior written consent. Whenever you print, download, share or pass on content from our Site to others, you must not make any additions or deletions or otherwise modify any text from our Site, you must not alter or change any images, media or graphics from our Site in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our Site.