PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this Website, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This Website is owned and operated by BeachGrit, LLC (BeachGrit). Except as otherwise permitted by these Terms of Use, no material from this Website or any Website owned, operated, licensed or controlled by BeachGrit may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from BeachGrit, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of BeachGrit. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.
ACCOUNTS
You may be required to create an account and specify a password to use certain features on this Website. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. You are entirely responsible for maintaining the confidentiality of your password and your account and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing [email protected]. You agree to indemnify and hold harmless BeachGrit for losses incurred by BeachGrit or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
CONTESTS AND PRIZING
Only one entry per person per competition is allowed (except where the Competition Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry. In all matters of prize winners, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner. Prizes are award at the discretion of BeachGrit are non–transferable and there is no cash alternative. BeachGrit reserves the right to substitute prizes of equal or greater value at any time. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
INTELLECTUAL PROPERTY
All content included on this Website, such as video, photos, text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement, and assembly) is the exclusive property of BeachGrit or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. BeachGrit enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact [email protected].
SUBMISSIONS TO BEACHGRIT
Any information, including but not limited to videos, photos, comments, suggestions, ideas, graphics, or other submissions communicated to BeachGrit through this Website becomes the exclusive property of BeachGrit and BeachGrit is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to BeachGrit and accepts responsibility for its accuracy, appropriateness, and legality.
WARRANTY DISCLAIMER
This Website and the materials and products on this Website are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, BeachGrit disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BeachGrit does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. BeachGrit does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not BeachGrit) assume the entire cost of all necessary servicing, repair, or correction associated with the use of this Website. Some states do not permit limitations or exclusions of implied warranties so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall BeachGrit be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of or the inability to use this Website or the performance of the products, even if BeachGrit or authorized representatives of BeachGrit have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BeachGrit total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount actually paid.
INDEMNIFICATION
As a condition of use of this Website, you agree to indemnify, defend, and hold harmless BeachGrit, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of this Website including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
TYPOGRAPHICAL ERRORS
In the event that a product sold is mistakenly listed at an incorrect price, BeachGrit reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BeachGrit shall issue a credit to your credit card account.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
OTHER
These terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. BeachGrit’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.