Terms of Use of the Website / Product Policy

Last revised:   June 9, 2016

The www.beachcomberscoastallife.com wholesale web site (the “Web Site”) is operated by KBHowell Enterprises (“Beachcombers”, “we”, “us” or “our”) . All inquiries may be directed to:

Beachcombers Coastal Life
10831 North Tamiami Trail
North Fort Myers, FL  33903
www.beachcomberscoastallife.com
239-731-2111 or email customercare@bccoastallife.com

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND US, AND THEY GOVERN YOUR USE OF THE WEB SITE AND ALL TRANSACTIONS BETWEEN YOU AND US (INCLUDING PURCHASES OF PRODUCTS) MADE, IN WHOLE OR IN PART, VIA THE WEB SITE OR OTHERWISE.  PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS OF USE. YOUR REGISTRATION WITH OR USE OF THE WEB SITE AND YOUR PURCHASE OF ANY PRODUCT FROM US CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THEM.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE WEB SITE OR KEEP ANY PRODUCTS.  IF YOU ARE USING THE WEB SITE OR ORDERING PRODUCT ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. 

Persons under the age of 18 may not use this Web Site and parents or legal guardians may not agree to these Terms of Use on their behalf.  

PLEASE NOTE:  SPECIAL TERMS APPLICABLE TO ORDERS AND SALES OF PRODUCTS TO YOU ARE SET OUT AT THE END OF THESE TERMS OF USE.  TO THE EXTENT ANY OF THOSE SPECIAL TERMS CONFLICT WITH ANY OTHER PROVISION OF THESE TERMS OF USE WHEN APPLIED TO A PRODUCT YOU ORDER OR PURCHASE FROM US, THOSE SPECIAL TERMS WILL CONTROL.

These Terms of Use May Change
Beachcombers reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the web site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.  It is your responsibility to review these Terms of Use for changes whenever you use this web site.

Compliance with All Laws, Online Conduct and Site Security
You agree to use this Web Site only for lawful purposes.  You agree that all information you provide to us, including, without limitation, your name, address, and payment information, will be truthful, complete, and accurate at all times.  Any conduct by you that in our sole discretion restricts or inhibits any other user from enjoying our web site will not be permitted.  You are prohibited from posting on or transmitting through our Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.  You are expressly prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.  You are responsible for maintaining the security and confidentiality of any user IDs or passwords selected by you, or provided to you, to access the Web Site, and you agree not to disclose any such user IDs or passwords to any person other than your employees.  You are responsible for all acts or omissions of, and any orders placed by, any person accessing the Web Site using any such user IDs or passwords.   

Intellectual Property Notice
All of the content you see on this Web Site, including, for example, all of the page headers, images, illustrations, product designs or configurations, graphics, audio clips, video clips, and text, (collectively “Content”) are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Beachcombers, its affiliates, or by third parties who have licensed their materials to Beachcombers.  All products shown in this Web Site are the exclusive designs of Beachcombers or its suppliers.  “Beachcombers Coastal Life” and the beachcombers logo are registered trademarks of Beachcombers.  The Web Site is copyrighted as a collective work under U.S. copyright laws, and Beachcombers owns a copyright in the selection, coordination, arrangement, and enhancement of the Content.  Beachcombers and its licensors reserve complete title and full intellectual property rights in the Web Site and any Content on the Web Site. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Web Site or the Content without first obtaining written permission from us.  Without limiting the foregoing, you agree not to, nor will you, assist or direct anyone else to, copy, modify, or “knock-off” our products.  Any infringement will be strictly enforced.  

Linking to this Web Site
Establishing or maintaining a link from another Web site to this Web Site without the prior express written consent of Beachcombers is strictly prohibited.  Displaying this Web Site or any Content contained on this Web Site in frames or through similar means on any Web site without express written permission from Beachcombers is also strictly prohibited.  Any permitted links must comply with these Terms of Use and all applicable laws and regulations.

Links to Other Sites
Any outside links are provided only as a convenience.  If you have any concerns regarding any outside link from our Web Site, please direct them to the owner or operator of the outside site.  All use of outside links is at your sole risk.  Beachcombers is not responsible for any outside sites, services, or other materials linked to or from this Web Site, and disclaims all liability for any injury you may experience by using such outside sites, services, or materials.

Submissions
We welcome your comments regarding the Web Site.  However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, "Comments") sent to Beachcombers shall become and remain the exclusive property of Beachcombers.  Your submission of any such Comments shall constitute an assignment to Beachcombers of all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Comments.  Beachcombers will be entitled to use, reproduce, disclose, publish, and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way.  You agree to not send us any Comments that you do not wish to assign to us, nor to send us any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork of a third party.

Colors
We have done our best to display as accurately as possible the colors of the products shown on this Web Site.  However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.  We will have no liability for a failure of the Web Site or your monitor to accurately display product colors.

Product Information
We make all reasonable efforts to provide information on this Web Site that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date.  There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete.  We reserve the right to correct any such information without prior notice (including after you have submitted your order) and the corrected information will control over any prior incorrect or incomplete information.  We regret any inconvenience to you.  The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States.

Disclaimer and Limitation of Liability
THIS WEB SITE AND ALL CONTENTS ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

WITHOUT LIMITING THE FOREGOING, BEACHCOMBERS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEB SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEB SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE, AND THAT NEITHER BEACHCOMBERS NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO, ACCOMPANYING, OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE.  THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

EXCEPTION:  YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.   IF ANY PART OF THIS LIMITATION OF LIABILITY SET FORTH ABOVE IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BEACHCOMBERS, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AND AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification
You agree to defend, indemnify and hold Beachcombers, its employees, directors, officers, agents, and affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to (a) your failure to comply with these Terms of Use or (b) any Comments.