Terms & Conditions

The Seaside Style Terms of Service

Effective: August 31, 2023

1. Introduction

These are the terms of service (“Terms of Service”) for your use of services, goods, or features in connection with the websites operated by Seaside Associated Stores, Inc.  (“Seaside,” “we,” “us,” or “our”) namely theseasidestyle.com, and any related websites on sub-domains, extensions and locales that we own, and any related online platforms, social media, applications and software systems that we operate (together with the Websites, the “Sites”). These Terms of Service are applicable only to visitors, users, vendors, customers, merchants, and others, who currently reside in or select a shipping address in the United States or who access the Sites from the United States (“you” or “your”).

As described in the The Seaside Style Privacy Policy, (the “Privacy Policy”), the Sites are not directed to anyone under the age of 13. You may only use the Sites if you are 13 years of age or older. If you are under the age of 18, your parent or legal guardian must agree to these Terms of Service on your behalf and you may register an account or shop on the Sites with permission from your parent or legal guardian. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control predictions are commercially available and may assist you in limiting access to material that is harmful to minors.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Acceptance of These Terms of Service

 BY CHECKING THE BOX INDICATING YOUR AGREEMENT ON THE CHECKOUT PAGE, SELECTING “CHECKOUT,” SETTING UP AN ACCOUNT ON THE SITES, OR OTHERWISE USING THE SITES OR EXPRESSLY CONSENTING TO THE TERMS OF SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.

 Please read these Terms of Service carefully. Please print and retain a copy for your records. We may, from time to time, modify these Terms of Service. When we make changes, we will post the revised Terms of Service on the Websites. Your use of the Sites following any such modification constitutes your agreement to the modified Terms of Service, except as otherwise provided. You should visit this page frequently to learn about any changes to these Terms of Service.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, OR ANY CHANGE THAT WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING THE SITES AND DISCONTINUE USING THE SERVICES PROVIDED BY SEASIDE.

1. Acceptable Use of the Sites

You are responsible for your use of the Sites, and for any use of the Sites through your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Sites, you may not:

• violate any law or regulation;

• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

• send unsolicited or unauthorized advertising or commercial communications, such as spam;

• engage in spidering or harvesting, or participate in the use of software, including spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software designed to collect data from the Sites;

• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

• stalk, harass, or harm another individual;

• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

• use our Sites in any way or take any action that causes, or may cause, damage to the Sites or impairment of the performance, availability or accessibility of the Sites;

• use any means to scrape or crawl any web pages contained in the Sites;

• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Sites;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Sites; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

If you engage in the above-mentioned prohibited conduct or otherwise breach these Terms of Service, Seaside may, at its sole discretion, send you one or more formal warnings, temporarily suspend your access to the Sites or your account, block your access to the Sites, permanently prohibit you from accessing the Sites, permanently cancel your account and/or commence legal action against you pursuant to the Dispute Resolution and Arbitration Agreement below.

1. Intellectual Property Protection

The SEASIDE Style® are registered trademarks of Seaside. The SEASIDE Style, and other marks indicated on our Sites are trademarks or registered trademarks of Seaside. All rights in such names are reserved.

• Trademark. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Seaside or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Seaside or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any trademark of Seaside or any third party. 

• Copyright. Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Sites, and the selection, coordination, and arrangement of such content, are owned by Seaside or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Seaside or any third party.

The Sites and the information contained therein are for your personal, non-commercial use only.  Except as otherwise specifically permitted in these Terms of Service, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Seaside or its lawful successors and assigns.

1. User Profile Information and Communications

When you set up a user profile on the Sites, Seaside will require you to provide a password, a username, and other information such as your name, phone number, and email address—including potentially other information. You agree and represent that all of the information you provide to us is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, assign, or sub-license your user profile to any third party without our prior written approval. You are responsible for and agree to notify Seaside of any breach of security on your account, including any loss or compromise of your username and password information. Seaside will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

When you use our Sites, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

 Any personal information that you provide to Seaside will be collected, used, disclosed, or otherwise processed as described in the Privacy Policy.

1. User Content

The Sites may invite you to upload, submit, store, or send content and data (“User Content”) such as your user profile picture, product photos, review photos, or through product reviews, contests, or sweepstakes. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Sites, you give us permission to reproduce and use your User Content as follows: You grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Sites and our services) and to publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Sites and promoting Seaside, and for other purposes that Seaside may determine in its sole discretion, including for the purposes of sharing on social media operated by Seaside. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license will continue even after you stop using the Sites.

You promise that you own all rights to your User Content or alternatively, that you have the right to give us the rights described above, and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

By submitting User Content, in addition to any other rights which may be granted in any other agreement entered into between you and Seaside and if you provide such information or content to Seaside, you irrevocably grant Seaside and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sites and hereby release Seaside from any liability with respect thereto.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Sites for any reason.

1. Payment

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Seaside at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other interactions. If you choose to store your credit or debit card information for future use on the Sites, we may update your credit or debit card information automatically based on information provided by the issuing bank or card brands.

1. Digital Millennium Copyright Act (“DMCA”)—Infringement Complaint Procedures

Takedown Notices. If you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide a written notice to our DMCA Agent with the following information:

 (i) a description of the copyrighted work that you claim has been infringed;

(ii) a description of the material that you claim is infringing and a description of where the allegedly infringing material is located on the Sites (e.g., a URL);

(iii) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, including fair use; and

(vi) a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Counter Notifications. If you are notified that material you posted is the subject of a takedown notice, and if you believe that the material is not infringing, you may submit a written counter notification to our DMCA Agent listed below. To be actionable, the written counter notification must include substantially the following information:

(i) your physical or electronic signature;

(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

(iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Seaside may be found, and that you will accept service of process from the person or entity who submitted the takedown notice or an agent of such person/entity.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. PLEASE NOTE THAT INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE OR REPORTS OF EMAIL ABUSE, ETC.) WILL NOT RECEIVE ANY RESPONSE.

Send all notice of claims of copyright infringement as well as counter-notices to Seaside’s DMCA Agent, who can be reached as follows:

Seaside DMCA Agent

The SEASIDE Style

Address:

The SEASIDE Style

c/o Morgan, Lewis & Bockius LLP

1701 Market Street

Philadelphia, PA 19103

Phone: (215) 963-5000

Email: [insert email]

 

** To help ensure expeditious processing, please include the following subject line in your email: “DMCA Takedown Notice” or, if appropriate, “DMCA Counter Notice”**

Repeat Infringer Policy. In accordance with the DMCA, Seaside has adopted a policy of terminating, in appropriate circumstances and at Seaside’s sole discretion, account holders deemed to be repeat infringers due to our receipt of multiple DMCA notifications from content owners.

1. License and Sites’ Access

Seaside grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify the Sites, or any portion of them, except with express written consent of Seaside. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including use by resellers or bulk purchasers, without express written consent of Seaside. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Seaside and its affiliates without express written consent of Seaside. You may not use meta tags or any other hidden text using Seaside name or trademarks without the express written consent of Seaside. Any unauthorized use will immediately terminate the permission or license granted by Seaside.

1. Risk of Loss

All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Seaside. Title to products purchased on the Sites, as well as the risk of loss for such products, pass to you when Seaside (or Seaside’s service providers, or vendors, or other third parties providing delivery services on behalf of Seaside) delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

1. Product Information and Order Acceptance

 SEASIDE ATTEMPTS TO BE ACCURATE IN DESCRIBING AND DEPICTING ITS PRODUCTS. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, DEPICTIONS, COLORS, DIMENSIONS, AVAILABILITY, OR OTHER CONTENT OR INFORMATION ON THE SITES ARE COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALTHOUGH WE MAKE OUR BEST EFFORTS TO ENSURE THAT ANY LIST OF INGREDIENTS ON THE SITES IS ACCURATE, FOR THE COMPLETE LIST OF INGREDIENTS PLEASE REFER ONLY TO THE LIST PROVIDED ON THE PRODUCT PACKAGING AS WE MAY UPGRADE OUR PRODUCTS FROM TIME TO TIME OR THE INGREDIENTS MAY SLIGHTLY VARY FROM ONE REGION TO ANOTHER DEPENDING ON APPLICABLE LAWS. PLEASE READ THE PRODUCT PACKAGING PRIOR TO USING OUR PRODUCTS TO ENSURE THAT THE INGREDIENTS ARE SUITABLE AND MEET YOUR EXPECTATIONS. PLEASE ALSO FOLLOW ALL PRECAUTIONS AND DIRECTIONS BEFORE USING THE PRODUCTS. IF A PRODUCT OFFERED BY SEASIDE OR THE EXPERIENCE OR EXPECTATIONS FOLLOWING USE OF THE PRODUCT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT UNDER THE TERMS OF OUR RETURN POLICY.

Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. Dollars. Despite our best efforts, it is possible that items in our online catalog may be mispriced and pricing or other errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right, without prior notice, to correct pricing errors, limit the order quantity on any item and/or refuse services to any customer in accordance with applicable law. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.

1. Return Policy

We gladly accept returns of unworn, unwashed, undamaged or defective merchandise ordered online for a full refund within 30-days of purchase. Merchandise that has been treated with bleach or any sort of stain remover will NOT be accepted for return or exchange (for detailed care instructions, please click here). Refunds must be accompanied by the original receipt and will be made in the form of the original payment (online purchases only). If the original receipt is unavailable, we'll make an exchange or issue a merchandise credit based on the current selling price. Damages to purchases much be reported within 3 days of receiving the merchandise or cannot be returned. Exchanges and refunds can be requested though the Returns Portal.

Standard Online Return Policy. Any returned item must be unopened and unused and in the state you received them, and in their original packaging with any paperwork. Returns will be processed within two (2) to three (3) weeks of receiving them. If you request a refund, we will refund the purchase price and any applicable taxes to the credit or debit card or other payment method with which you made your initial purchase. Please note that the items purchased during a sale or from our sale page are not eligible for any return or exchange. We reserve the right to refuse any return that does not meet our return requirements (“Standard Returns Policy”).

Purchases Made in Store Return Policy: We will accept items that are in new condition, unworn, unaltered and free of damage by the customer for exchange or return within 14 days of original purchase. Items must be returned with all tags still attached. Sale items and swimwear cannot be returned or exchanged. If you purchased an item in the store that is damaged or defective, please call 877-508-9411 or email info@theseasidestyle.com for instruction on how to proceed.

 

We reserve the right to amend or cancel these Return Policy at any time at our sole discretion.

1. Accessibility

Seaside is committed to providing the best user experience for everyone, including users with disabilities. To fulfill this promise, on the Websites, we aim to adhere as closely as possible to the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1. These guidelines explain how to make web content more accessible to people with a wide array of disabilities. Complying with those guidelines helps us provide the Websites in a manner that is accessible to all people.

Your feedback is welcome. If you have any questions about our accessibility features, please contact us:

 Email: info@theseasidestyle.com

1. DISPUTE RESOLUTION & ARBITRATION AGREEMENT (“Arbitration Agreement”)

 Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Seaside agree that any legal dispute between you and Seaside concerning or arising in any way out of a purchase from the Sites, any communications between you and Seaside, or your participation in any other program or service provided by Seaside shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or Seaside may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Seaside whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Seaside, Attention: Legal Department, info@theseasidestyle.com or (2) to you at the billing address on file with Seaside. Both you and Seaside agree that this dispute resolution procedure is a condition precedent, which must be satisfied before initiating any arbitration against the other party.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from the Sites; or (b) create an account or otherwise sign up for any program or service provided by Seaside. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Seaside to info@theseasidestyle.com or by sending a letter to Seaside, Attention: Legal Department, info@theseasidestyle.com. You should include your printed name, mailing address, and the words “Reject Arbitration.”

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Seaside agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in Philadelphia, Pennsylvania. Except for a Dispute determined by the arbitrator to be frivolous or initiated in bad faith, Seaside will pay all filing, administrative, arbitrator and hearing costs up to a total amount of $5,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND SEASIDE ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND SEASIDE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your billing address on filed with Seaside) will govern. Seaside will provide notice of any material changes to this Arbitration Agreement. Except as set forth above with respect to the class action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of the Arbitration Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and Seaside, including, without limitation, termination of your membership or participation in any Seaside loyalty program or contest or promotion, cancellation or deletion of your Seaside account, opt out of marketing, or end of participation in any Seaside program or service.

1. Disclaimer of Warranties

YOU USE THE SITES AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SEASIDE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. 

IN PARTICULAR, SEASIDE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITES. SEASIDE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

1. Limitation of Liability

EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITES IN VIOLATION OF THESE TERMS OF SERVICE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR SEASIDE AND/OR ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SITES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SITES OR LINKED TO THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SEASIDE AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF SERVICE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITES OR $50.00 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL SEASIDE AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS SEASIDE AND ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. SEASIDE MAKES NO REPRESENTATION THAT THE SITES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

 Certain states or jurisdictions such as the State of New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

1. Indemnification

You agree to defend, indemnify, and hold harmless Seaside and its Affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Seaside arising out of or relating to your use, or anyone using your account’s use, of the Sites, your violation of these Terms of Service, or your violation, or anyone using your account’s violation, of any rights of another.

CALIFORNIA RESIDENTS: YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

1. Waiver and Severability

No waiver by Seaside of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Seaside to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

Assignment

These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Service without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Admissibility

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for Promotions conflict with these Terms of Service, the Promotion rules will be applicable to Promotions.

Cancellation or Suspension of the Sites or Your Account

We may suspend, cancel, and/or edit your account details at any time at our sole discretion and without notice or explanation. You may cancel your account on our Sites but logging in and using the account details feature or by making your request in writing.

 

Seaside may discontinue the Sites, including any feature or service offered through the Sites, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Sites at any time for any reason, without notice. We may discontinue or restrict your use of the Sites at any time for any reason, without notice.

 Entire Agreement

These Terms of Service and the other agreements referred to herein constitute the sole and entire agreement between you and Seaside with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

 Contact Information

If you have any questions or comments about these Terms of Service, please feel free to contact us at:

Email: info@theseasidestyle.com

Address:

The SEASIDE Style

178 Market Street,

Santa Rosa Beach, Florida

32459

United States