LIFE ON THE GULF, LLC
Terms and Conditions of Use for lifeonthegulf.com
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, lifeonthegulf.com (the “Site”). Life on the Gulf, LLC (“Life on the Gulf”) maintains this Site for your shopping, personal information, education, assistance and communication. Please feel free to browse the Site; provided, however, that by accessing and browsing this Site, you acknowledge and agree, without qualification or limitation, to be bound by these terms and conditions of use (the “Terms”). If you do not agree to the Terms, please do not use lifeonthegulf.com. We reserve the right, at our discretion, to change, alter, modify, add, or remove any portion of these Terms at any time. Please check the Terms periodically for changes. Your continued use of lifeonthegulf.com following a modification to the terms will signify your acceptance of such modifications.
Life on the Gulf, LLC (“lifeonthegulf.com”) owns and operate this Website. This document governs your relationship with lifeonthegulf.com. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and lifeonthegulf.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of lifeonthegulf.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by lifeonthegulf.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with lifeonthegulf.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. lifeonthegulf.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be lifeonthegulf.com or may in some cases be a third party. Where a contract is made with a third party lifeonthegulf.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law lifeonthegulf.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect lifeonthegulf.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You should assume that all information or materials you see or read on lifeonthegulf.com are copyrighted unless otherwise noted and, therefore, may not be used except as provided for in these Terms or in the text of the Site without the written permission of Life on the Gulf. Life on the Gulf neither represents nor warrants that your use of materials displayed on the Site will not infringe upon the rights of third parties not owned by or affiliated with lifeonthegulf.com.
Images of people, places and things displayed on lifeonthegulf.com are either the property of, or used with permissions by, Life on the Gulf. You are prohibited from using these images unless such use is specifically permitted by these Terms or the specific language of the Site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
While Life on the Gulf uses reasonable efforts to include accurate and timely information on lifeonthegulf.com, Life on the Gulf makes no representations or warranties as to the accuracy or reliability of its information or reviewed hereon. Life on the Gulf assumes no, and disclaims any, liability or responsibility for any errors or omissions in the content and services of the Site or for the performance of any products on the Site. Although Life on the Gulf strives to make its products and information helpful as possible, please remember that the final decision as to which consumer product to ultimately purchase is yours and that your decision should be based on your specific tastes, needs, and price sensitivity.
Life on the Gulf is pleased to hear from its guests and customers and welcomes your comments regarding various lifeonthegulf.com products and information. We value your feedback and request that you be specific in your comments on our products, to insure that we will be better able to serve you in the future. Nevertheless, if you transmit any communications, materials, ideas, suggestions, or submissions, including, but not limited to, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the “Communications”), the Communications shall be deemed nonconfidential and nonproprietary (even if you mark them “confidential” or “proprietary”). Any such Communications shall become the property of Life on the Gulf and may be used for any purpose, commercial or otherwise, including, but not limited to, reproduction, disclosure, publication, broadcast and posting. Furthermore, Life on the Gulf is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to the provider of the Communications.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on lifeonthegulf.com are registered and unregistered Trademarks of Life on the Gulf and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Life on the Gulf or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that Life on the Gulf will aggressively enforce its intellectual property rights to the fullest extent of the law.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with lifeonthegulf.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to lifeonthegulf.com.
You agree to indemnify, defend and hold harmless Life on the Gulf, LLC/lifeonthegulf.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service. You shall use your best efforts to cooperate with Life on the Gulf in the defense of any claim; provided, however, that Life on the Gulf reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
lifeonthegulf.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and lifeonthegulf.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director/Manager of Life on the Gulf, LLC/lifeonthegulf.com.
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. 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 Nashville, Tennessee. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
If you would like to contact Life on the Gulf, please contact:
Life on the Gulf
P.O. Box 414
Mount Juliet, TN 37121