TERMS OF SERVICE

TERMS OF SERVICE

 

LAST UPDATED ON NOVEMBER 28, 2024.

 

WELCOME TO SEVEN7CSEAS.COM

(THIS “WEBSITE” OR “SITE”), A WEBSITE OWNED AND OPERATED BY SEVEN7CSEAS, LLC (“SEVEN7CSEAS,” “WE,” OR “US”). THESE TERMS OF USE AND THE PRIVACY POLICY APPLY TO ALL VISITORS, USERS, AND OTHERS WHO ACCESS THIS WEBSITE (“USERS” AND/OR “YOU”). THESE TERMS OF USE EXPLAIN THE TERMS BY WHICH YOU MAY USE OUR WEBSITE AND OUR SERVICES. BY ACCESSING, OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGRE TO BE BOUND BY THESE TERMS OF USE (‘TERMS OF USE”), WHETHER OR NOT YOU HAVE REGISTERED TO CREATE AN ACCOUNT [HTTPS://SEVEN7CSEAS.COM/ACCOUNT/LOGIN]. THESE TERMS OF USE AND OUR PRIVACY POLICY [HTTPS://SEVEN7CSEAS.COM/PAGES/PRIVACY-POLICY] CREATE THE TERMS OF YOUR AND OUR AGREEMENT WHENEVER YOU USE THIS WEBSITE, AND WHEN YOU CHOOSE TO PURCHASE PRODUCTS THROUGH THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THIS WEBSITE. BY ACCESSING, OR USING THIS WEBSITE AND/OR PURCHASING PRODUCTS THROUGH OUR WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY FOUND AT HTTPS://SEVEN7CSEAS.COM/PAGES/PRIVACY-POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS, OR USE THIS SITE. IF YOU ARE NOT AT LEAST 13 YEARS OLD, DO NOT USE THIS WEBSITE. IF YOU ARE BETWEEN THE AGES OF 13 AND 18, WE ASSUME THAT IF YOU ARE USING THIS SITE, OR PURCHASING PRODUCTS THROUGH THIS SITE THAT YOU HAVE THE PERMISSION OF A PARENT, OR GUARDIAN TO DO SO AND IF YOU DO NOT, THE DO NOT USE THIS SITE, OR PURCHASE PRODUCTS ON THIS SITE.

 

CHANGES AND UPDATES

WE RESERVE THE RIGHT TO AMEND THESE TERMS OF USE AND PRIVACY POLICY AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WE DO THIS, WE WILL POST THE AMENDED TERMS OF USE AND/OR PRIVACY POLICY AND INDICATE AT THE TOP OF THE TERMS OF USE, OR THE PRIVACY POLICY, AS THE CASE MAY BE, THE DATE SUCH WAS LAST REVISED. YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH CHANGES ARE MADE, MEANS YOUR ACCEPTANCE OF THE NEW TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY CHANGES, OR ADDITIONS TO THESE TERMS OF USE, DO NOT CONTINUE TO USE, OR ACCESS THIS SITE.

 

ACCESSING THIS WEBSITE AND ACCOUNT SECURITY

WE RESERVE THE RIGHT TO WITHDRAW, OR AMEND ANY MATERIAL WE PROVIDE ON THIS WEBSITE IN OUR SOLE DISCRETION. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL, OR ANY PART OF THIS WEBSITE IS UNAVAILABLE AT ANY TIME, OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THIS WEBSITE, OR THE ENTIRE WEBSITE, TO USERS, INCLUDING ANY REGISTERED USERS. IF YOU REGISTER FOR AN ACCOUNT, YOU WILL BE ASKED TO PROVIDE TO US CERTAIN PERSONAL INFORMATION AT THE POINT OF COLLECTION AND TO CREATE A PASSWORD (SEE OUR PRIVACY POLICY FOR MORE INFORMATION). IF YOU THINK SOMEONE ELSE HAS COMPROMISED YOUR ACCOUNT, OR TAKEN YOUR PASSWORD WITHOUT PERMISSION, PLEASE ALERT US IMMEDIATELY AT (INFO@SEVEN7CSEAS.COM). IF WE THINK YOU, OR SOMEONE ELSE IS USING THIS WEBSITE, OR YOUR ACCOUNT IN A WAY NOT ALLOWED BY THESE TERMS OF USE, WE HAVE THE RIGHT TO DISABLE YOUR ACCOUNT, OR OTHER CREDENTIALS YOU SET UP AT ANY TIME.

 

USE OF YOUR ACCOUNT

YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON THE SITE FROM YOUR ACCOUNT, OR THAT USE YOUR CREDENTIALS. YOU ARE RESPONSIBLE AND LIABLE FOR ANY SECURITY BREACHES THAT OCCUR WITH RESPECT TO THE WEBSITE THROUGH YOUR ACCOUNT.

 

USE OF OUR WEBSITE

YOU AGREE NOT TO USE, OR LAUNCH ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION, “ROBOTS,” “SPIDERS,” “OFFLINE READERS,” OR ANY OTHER TOOL, OR MALICIOUS CODE THAT WOULD DISRUPT OUR WEBSITE, OR TRY TO COMPROMISE OTHER USERS AND OTHER ACCOUNTS. THIS SITE DOES NOT ALLOW USERS TO POST CONTENT. YOU AGREE THAT YOU WILL NOT USE ANY MEANS WITH RESPECT TO THE WEBSITE, INCLUDING ANY AUTOMATIC, OR ELECTRONIC MEANS, TO OBTAIN, OR ACCESS ANY INFORMATION, DATA, OR MATERIALS PROVIDED BY ANY OTHER USERS.

 

SHOPPING

• SHOPPING CART: WHEN YOU SHOP ON OUR SITE, YOU CAN USE A SHOPPING CART TO KEEP TRACK OF THE ITEMS YOU HAVE SELECTED UNTIL YOU ARE DONE SHOPPING. YOU WILL BE ABLE TO REVIEW AND CONFIRM YOUR CHOICES, YOUR SHIPPING ADDRESS, HOW YOU ARE PAYING FOR YOUR ITEMS AND THE SIZES YOU NEED.

• CHECK OUT: WHEN YOU CHECK OUT, THE DATA IS TRANSMITTED TO OUR THIRD-PARTY PAYMENT PROCESSING COMPANY (AT PRESENT, WE USE SHOPIFY). SHOPIFY STORES YOUR PAYMENT INFORMATION ON OUR BEHALF, IF YOU USE OTHER MEANS OF PAYMENT (SUCH AS APPLEPAY), YOU WILL BE ENTERING YOUR INFORMATION INTO THOSE THIRD-PARTIES’ SITES, AND YOU SHOULD REVIEW THOSE PROVIDERS’ TERMS OF USE AND PRIVACY POLICIES.

• BACK ORDER: IF ANY ITEM YOU SELECT IS ON BACK ORDER, WE WILL SEND YOU UPDATES TO LET YOU KNOW WHEN IT WILL BE AVAILABLE. THIS NOTICE WILL BE SENT TO THE EMAIL YOU PROVIDE US WHEN YOU ARE GETTING READY TO CHECK OUT.

• PRICING AND PRODUCT ERRORS / CORRECTIONS: WE ENDEAVOR TO PRESENT CURRENT, ACCURATE, AND RELIABLE INFORMATION REGARDING OUR PRODUCTS. HOWEVER, ON OCCASION, THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMMISIONS THAT MAY BE WITH REGARD TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ERRORS, OR TO UPDATE PRODUCT INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE, IF A PRODUCT IS LISTED AT AN INCORRECT PRICE DUE TO AN ERROR ON THIS SITE, TO THE FULLEST EXTENT ALLOWED BY LAW, WE RESERVE THE RIGHT TO REFUSE, OR CANCEL ANY ORDERS PLACED FOR ANY PRODUCT LISTED AT THE INCORRECT PRICE. FURTHER, TO THE FULLEST EXTENT ALLOWED BY LAW, WE RESERVE THE RIGHT TO REFUSE, OR CANCEL ANY SUCH ORDERS, REGARDLESS OF WHETHER THE ORDER HAS BEEN CONFIRMED AND YOUR METHOD OF PAYMENT CHARGED. IF YOUR METHOD OF PAYMENT HAS ALREADY BEEN CHARGED FOR THE PURCHASE AND YOUR ORDER IS THEN CANCELLED, WE WILL ISSUE A CREDIT TO YOUR ORIGINAL METHOD OF PAYMENT FOR THE AMOUNT OF THE INCORRECT PRICE.

• NOT FOR RESALE: YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE TO PURCHASE ANY PRODUCT FOR PURPOSES OF RESALE BY YOUR, OR ANY OTHER PERSON, AND WE EXPRESSLY DISCLAIM ALL WARRANTY FOR CLAIMS FOR DAMAGES, OR OTHERWISE, INCLUDING ALL INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR INTENT TO, ATTEMPT TO, OR ACTUAL RESELL ANY PRODUCT PURCHASED FROM THE WEBSITE.

 

PROBLEMS

IF THERE IS A PROBLEM WITH THE INFORMATION YOU GIVE US WHEN YOU CHECK OUT, WE WILL TRY TO REACH YOU THROUGH THE CONTACT INFORMATION YOU PROVIDED.

 

FRAUD

IF THERE IS ANY CONCERN ABOUT FRAUD, OR CREDIT, WE WILL LET YOU KNOW IF WE ARE ALLOWED BY LAW. WE MAY BE REQUIRED BY LAW TO FIRST REPORT THE PROBLEM TO LAW ENFORCEMENT OFFICIALS. WE USE A THIRT-PARTY VENDOR TO DETECT FRAUD.

 

YOUR MONEY

WHEN YOU CHECK OUT, AND PUT IN YOUR PAYMENT INFORMATION, YOU PROMISE, REPRESENT AND WARRANT THAT THE INFORMATION IS ACCURATE, THAT YOU ARE AUTHORIZED TO USE THE PAYMENT METHOD PROVIDED, AND THAT YOU WILL NOTIFY US OF CHANGES THAT COULD IMPACT YOUR ORDER, YOUR ACCOUNT, OR YOUR PAYMENT.

 

CANCELLING OR RETURNING PRODUCTS

PLEASE SEE OUR RETURN AND CANCELLATION POLICY BY CLICKING HERE: [HTTPS://SEVEN7CSEAS.COM/PAGES/SHIPPING-AND-RETURNS]

 

PRICES AND TAXES

WE MAY CHANGE THE PRICES OF OUR PRODUCTS FROM TIME TO TIME. DIFFERENT LOCATIONS REQUIRE US TO CHARGE AND COLLECT SALES TAX AT THE TIME OF CHECK OUT. EXCEPT TO THE EXTENT REQUIRED UNDER APPLICABLE TAX LAWS, THE ACTUAL TAX AMOUNT THAT WILL BE APPLIED TO YOUR ORDER AND CHARGED TO YOUR PAYMENT METHOD IS BASED ON CALCULATIONS ON THE DATE OF SHIPMENT, REGARDLESS OF WHEN THE ORDER WAS PLACED.

 

SHIPPING CHOICES AND COSTS

WHEN YOU CHECK OUT, YOU WILL SELECT YOUR MEANS AND TIMING OF SHIPMENT. IF YOU DO NOT LIVE IN THE UNITED STATES, WHERE WE ARE BASED, YOU MAY ALSO HAVE TO PAY IMPORT DUTIES THAT WILL BE REFLECTED IN YOUR FINAL ORDER SUMMARY.

 

PROPRIETARY RIGHTS

THIS WEBSITE AND ITS ENTIRE CONTENTS, OUR PRODUCTS, AND THE PHOTOGRAPHS OF OUR MODELS AND OUR PRODUCTS (INCLUDING BUT NOT LIMITED TO ALL INFORMATION, TRADEMARKS, MARKS, SERVICE MARKS, DISPLAYS, IMAGES, VIDEO AND AUDIO AND THE DESIGN, SELECTION, AND ARRNAGEMENT THEREOF) (COLLECTIVELY AND INDIVIDUALLY, THE “MATERIALS”) ARE OWNED BY SEVEN7CSEAS, ITS LICENDORS, OR OTHER PROVIDERS OF SUCH MATERIAL AND ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, AND/OR OTHER INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS LAWS. YOU PROMISE AND AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT, OR CREATE DERIVATIVE WORKS FROM ANY SEVEN7CSEAS MATERIALS. USE OF THE SEVEN7CSEAS MATERIALS FOR ANY PURPOSE NOT EXPRESSLY PERMITTED BY THESE TERMS OF USE IS STRICTLY PROHIBITED. YOU MAY CHOOSE TO SUBMIT TO US COMMENTS, OR SUGGESTIONS ABOUT THE SITE AND OUR PRODUCTS. BY SUBMITTING A COMMENT OR SUGGESTION, YOU UNDERSTAND AND AGREE THAT WE HAVE THE UNLIMITED RIGHT TO USE THOSE COMMENTS, OR SUGGESTIONS FOR ANY PURPOSE, WITHOUT ANY COMPENSATION, OR ATTRIBUTION TO YOU.

 

SECURITY

WE HAVE IMPLEMENTED REASONALBLE TECHNICAL, SECURITY AND ORGANIZATIONAL MEASURES DISIGNED TO SECURE YOUR PERSONAL INFORMATION FROM ACCIDENTAL LOSS AND FROM UNAUTHORIZED ACCESS, USE, ALTERATION, OR DISCLOSURE. FOR MORE INFORMATION, SEE OUR PRIVACY POLICY [HTTPS://SEVEN7CSEAS.COM/PAGES/PRIVACY-POLICY] NOTWITHSTANDING THESE REASONABLE MEASURES, WE CANNOT GUARANTEE THAT SOMEONE WILL NOT BE ABLE TO ACCESS YOUR INFORMATION WITHOUT OUR, OR YOUR PERMISSION. IT IS YOUR CHOICE WHETHER, OR NOT TO PROVIDE INFORMATION TO US THROUGH THIS WEBSITE.

 

THIRD-PARTY SERVICE PROVIDER

WHEN YOU PROCEED TO CHECKOUT, YOUR INFORMATION WILL BE TRANSMITTED TO OUR THIRT-PARTY PAYMENT PROCESSOR (AT PRESENT, SHOPIFY). WE ALOS HAVE A THIRD PARTY THAT MONITORS OUR ECOMMERCE TRANSACTIONS TO DETECT FRAUD. SEE OUR PRIVACY POLICY FOR MORE INFORMATION ABOUT OUR THIRD-PARTY PROVIDERS [HTTPS://SEVEN7CSEAS.COM/PAGES/PRIVACY-POLICY]

 

THIRD PARTY SITES

IF YOU LINK TO ANOTHER WEBSITE FROM THIS WEBSITE FOR ANY OTHER GOODS, OR SERVICES, OR IF YOU COME TO THIS SITE FROM A THIRD-PARTY SITE, YOU UNDERSTAND THAT THESE TERMS OF USE AND THE PRIVACY POLICY DO NOT APPLY TO YOUR USE OF THOSE OTHER SITES. YOU EXPRESSLY RELEIVE SEVEN7CSEAS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, OR SERVICES.

 

INDEMNITY

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SEVEN7CSEAS AND ITS SUBSIDIARIES, AGENTS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, INTELLECTUAL PROPERTY RIGHTS, OR ANY CONTRACTUAL, OR PROPRIETARY RIGHTS; (IV) YOUR VIOLATON OF ANY LAW, RULE, OR REGULATION OF THE UNITED STATES, OR ANY OTHER COUNTRY; (V) ANY CLAIM, OR DAMAGES THAT ARISE AS A RESULT OF ANY INFORMATION, OR DATA THAT ARE SUBMITTED VIA YOUR ACCOUNT; OR (VI) ANY OTHER PARTY’S ACCESS AND USE OF THE WEBSITE WITH YOUR UNIQUE USERNAME, PASSWORD, OR OTHER APPROPRIATE SECURITY CODE.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, SEVEN7CSEAS, IT SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THIS WEBSITE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS, OR ERROES WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES, OR OTHER HAMRFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEVEN7CSEAS, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR ITS LICENSORS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUIDNG WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT ARISE FROM, OR RELATE TO THE TERMS OFUSE, THIS WEBSITE, OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SEVEN7CSEAS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS, OR USE OF THE SITE, OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEVEN7CSEAS AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS AND EMPLOYEES HAVE NO LIABILITY, OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT, MATERIALS, DATA, OR INFORMATION; (II) PERSONAL INJURY, OR PROERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO, OR USE OF THIS WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE, OR THE LIKE THAT MAY BE TRANSMITTED TO, OR THROUGH OUR SITE ANY THIRD-PARTY; (V) ANY ERRORS, OR OMISSIONS IN ANY CONTENT, INFORMATION, OR DATA, OR FOR ANY LOSS, OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT, DATA, OR INFORMATION POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VI) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY.

IN NO EVENT SHALL SEVEN7CSEAS AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, OR OUR LICENSORS, SUPPLIERS, OR VENDORS BE LIABLE TO ANY USER IN THE AGGREGATE FOR ANY AND ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS ARISING OUT OF, OR RELATING TO THE TERMS OF USE, THE PRODUCTS, OR THIS WEBSITE IN AN AMOUNT EXCEEDING THE AMOUNT, IF ANY, THAT SUCH USER HAS PAID TO SEVEN7CSEAS FOR THE PRODUCTS PURCHASED THROUGH THIS SITE GIVING RISE TO THE CLAIM.

THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM, OR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SEVEN7CSEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

GOVERNING LAW

THESE TERMS OF USE SHALL BE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES.

ARBITRATION; NO CLASS ACTION. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR WE WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS, OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. FURTHER, TO THE FULLEST EXTENT ALLOWED BY LAW, NO ARBITRATION, OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS, OR PROCEEDINGS.

YOU AND WE AGREE TO ARBITRATE ALL DISPUTES THAT ARE NOT RESOLVED INFORMALLY, EXCEPT DISPUTES RELATING TO THE OWNERSHIP, OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS INCLUDES ALL DISPUTES REGARDING ANY CURRENT, PAST OR FUTURE PURCHASE, OR EVENT, BETWEEN YOU AND US REGARDING OUR PRODUCTS, THIS AGREEMENT, OR THIS WEBSITE, AND WHETHER THE CLAIMS IS BASED ON CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL, OR EQUITABLE BASIS.

WE BOTH AGREE BY THIS UNDERTAKING THAT THE ARBITRATOR WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, OR ENFORCEABILITY OF THESE TERMS OF USE, THE PRIVACY POLICY, OR THE FORMATION OF THIS AGREEMENT, INCLUDING THE ARBITRABILITY OF ANY DISPUTE AND ANY CLAIM THAT ALL, OR ANY PART OF THIS AGREEMENT IS, OR ARE VOID, OR VOIDABLE. YOU ARE WAIVING ANY AND ALL RIGHTS YOU MAY HAVE TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE, OR JURY.

IF YOU, OR WE HAVE A DISPUTE WITH THE OTHER, OR THIS WEBSITE, OR OUR AGREEMENT, NOTICE MUST FIRST BE SENT TO THE OTHER PARTY, INCLUDING:

• NAME, ADDRESS, AND CONTACT INFORMATION OF THE PARTY GIVING THE NOTICE.

• THE FACTS THAT ARE THE BASIS OF THE DISPUTE

• THE REMEDY SOUGHT (E.G. A REFUND).

FOR NOTICES TO US REGARDING A DISPUTE, THEY MUST BE EMAILED TO:

INFO@SEVEN7CSEAS.COM WITH A COPY MAILED TO SEVEN7CSEAS, LLC, ATTN: LEGAL DEPARTMENT – DISPUTE, 13061 ROSEDALE HWY, STE. G. #565, BAKERSFIELD, CA 93314.

IF WE HAVE A CLAIM AGAINST YOU, WE WILL NOTIFY YOU BY THE CONTACT INFORMATION YOU HAVE PROVIDED TO US.

WE AND YOU WILL THEN USE GOOD FAITH EFFORTS TO RESOLVE THROUGH INFORMAL NEGOTIATIONS THE DISPUTE. IF, DESPITE THESE GOOD FAITH EFFORTS, WE CANNOT REACH AN AGREED RESOLUTION WITHIN 60 DAYS, THEN, YOU, OR WE MAY COMMENCE AN ARBITRATION PROCEEDING. ARBITRATION WILL BE CONDUCTED IN BAKERSFIELD, CALIFORNIA, OR IF YOU AND WE AGREE REMOTELY.

ARBITRATION WILL BE ADMINISTERED BY ONE ARBITRATOR. THE ARBITRATOR MAY AWARD DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD, INCLUDING DECLARATORY, OR INJUNCTIVE RELIEF, BUT ONLY TO THE EXTENT REQUIREWD TO SATISFY YOUR INDIVIDUAL CLAIM.

 

NOTIFICATION PROCEDURES

OTHER THAN FOR DISPUTES, SEVEN7CSEAS MAY PROVIDE NOTIFICATIONS, WHETHER SUCH NOTIFICATIONS ARE REQUIRED BY LAW, OR ARE FOR MARKETING, OR OTHER BUSINESS-RELATED PURPOSES, TO YOU VIA EMAIL NOTICE, WRITTEN, OR HARD COPY NOTICE, OR THROUGH CONSPICUOUS POSTING OF SUCH NOTICE ON YOUR WEBSITE, AS DETERMINED BY SEVEN7CSEAS IN OUR SOLE DISCRETION. SEVEN7CSEAS RESERVES THE RIGHT TO DETERMINE THE FORM AND MEANS OF PROVIDING NOTIFICATIONS TO OUR USERS, PROVIDED THAT YOU MAY OPT OUT OF CERTAIN MEANS OF NOTIFICATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY.

 

ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER

THESE TERMS OF USE, THE PRIVACE POLICY, AND YOUR AGREEMENT TO PAY FOR THE PRODUCTS YOU BUY THROUGH THIS WEBSITE CREATE THE ENTIRE AGREEMENT WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS YOU BUY FROM US. IF ANY PROVISION OF THESE TERMS OF USE ARE DEEMED INVALID BY A COURT OF COMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THESE TERMS OF USE, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. NO WAIVER OF ANY TERM OF THESE TERMS OF USE SHALL BE DEEMED A FURTHER, OR CONTINUING WAIVER OF SUCH TERM, OR ANY OTHER TERM, AND SEVEN7CSEAS’ FAILURE TO ASSERT ANY RIGHT, OR PROVISION UNDER THESE TERMS OF USE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT, OR PROVISION.

 

YOUR COMMENTS AND CONCERNS

THIS WEBSITE IS OWNED AND MANAGED BY SEVEN7CSEAS. ALL FEEDBACK, COMMENTS, REQUESTS FOR TECHNICAL SUPPORT AND OTHER COMMUNICATIONS RELATING TO THIS WEBSITE, OR OUR PRODUCTS CAN BE SENT TO US AT: INFO@SEVEN7CSEAS.COM.

BY CONSENTING TO SEVEN7CSEAS’ SMS MARKETING IN THE CHECKOUT AND INITIALIZING A PURCHASE, OR SUBCSRIBING VIA OUR SUBSCRIPTION TOOLS, YOU AGREE TO RECEIVE RECURRING TEXT NOTIFICATIONS (FOR YOUR ORDER, INCLUDING ABANDONED CHECKOUT REMINDERS), TEXT MARKETING OFFERS, AND TRANSACTIONAL TEXTS, INCLUDING REQUESTS FOR REVIEWS FROM US, EVEN IF YOUR MOBILE NUMBER IS REGISTERED ON ANY STATE, OR FEDERAL DO-NOT-CALL LISTS.

MESSAGE FREQUENCY VARIES. CONSENT IS NOT A CONDITION OF PURCHASE. IF YOU WISH TO UNSUBSCRIBE FROM RECEIVING TEXT MARKETING MESSAGES AND NOTIFICATIONS, REPLY WITH STOP TO ANY MOBILE MESSAGES SENT FROM US, OR THE UNSUBSCRIBE LINE WE PROVIDED YOU WITHIN ANY OF OUR MESSAGES.

YOU UNDERSTAND AND AGREE THAT ALTERNATIVE METHODS OF OPTING OUT, SUCH AS USING ALTERNATIVE WORDS, OR REQUESTS, WILL NOT BE CONSIDERED A REASONALBE MEANS OF OPTING OUT. WE DO NOT CHARGE FOR THE SERVICE, BUT YOU ARE RESPONSIBLE FOR ALL CHARGES AND FEES ASSOCIATED WITH TEXT MESSAGING IMPOSED BY YOUR WIRELESS PROVIDER. MESSAGE AND DATA RATES MAY APPLY.

FOR ANY QUESTIONS, PLEASE TEXT “HELP” TO THE NUMBER YOU RECEIVED TO MESSAGES FROM. YOU CAN ALSO CONTACT US AT INFO@SEVEN7CSEAS.COM FOR MORE INFORMATION.

WE HAVE THE RIGHT TO MODIFY ANY TELEPHONE NUMBER, OR SHORT CODE WE USE TO OPERATE THE SERVICE AT ANY TIME, YOU WILL BE NOTIFIED ON SUCH OCCASIONS.

YOU AGREE THAT ANY MESSAGES YOU SEND TO A TELEPHONE NUMBER, OR SHORT CODE WE HAVE CHANGED, INCLUDING ANY STOP, OR HELP REQUEST, MAY NOT BE RECEIVED, AND WE WILL NOT BE LIABLE FOR HONORING REQUESTS MADE IN SUCH MESSAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE SERVICE, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY, OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION, OR SERVICE.

YOUR RIGHT TO PRIVACY IS IMPORTANT TO US. YOU CAN SEE OUR PRIVACY POLICY TO DETERMINE HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION.