Last Modified: Dec 28, 2020
THIS TERMS OF SERVICE POLICY CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
This Terms of Service Policy (the “Terms of Service”) applies to the purchase and sale of products and services through our websites www.ashoreapp.com, sea.ashoreapp.com and app.ashoreapp.com (the “Sites”) and including any software, features, content, functionality, other services or products offered through the Sites (collectively the “Services”). You should review these Terms of Service before purchasing any product or service that is available on the Sites, whether as a guest or registered user.
These Terms of Service are an integral part of the Terms of Use that apply generally to the use of our Services. Please read our Terms of Use and Privacy Policy before placing any orders for products or services through the Services. By placing any orders or purchases through the Services, you acknowledge that you have read the following Terms of Service, our Terms of Use and Privacy Policy (collectively the “Terms”), that you understand them, and agree to be bound and abide by them. If you do not agree to all of the Terms, you must not access, use or make any purchases through, the Services.
Changes to Services: We may revise and update these Terms of Service from time to time in our sole discretion and without prior notice. Any changes to the Terms will be in effect as of the “Last Modified” date referenced above and on the Services.
1. PRELIMINARY NOTICES & DISCLAIMERS
YOU MUST BE AT LEAST 13 YEARS OF AGE OR OLDER, TO MAKE PURCHASES THROUGH THE SERVICES. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER, ARE EITHER OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, OR HAVE CONSENT FROM A PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT, AND THAT YOU (OR YOUR PARENT OR GUARDIAN) ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE.
IF YOU ALLOW ANY MINORS UNDER THE AGE OF 13 TO ACCESS OR USE THE SERVICES, YOU HEREBY AFFIRM THAT YOU SHALL BE SOLELY RESPONSIBLE FOR THEIR USES OF THE SERVICES, AND YOU (OR YOUR PARENT OR GUARDIAN AS APPLICABLE) SHALL INDEMNIFY US AGAINST ANY LOSSES, CLAIMS OR DAMAGES THAT MAY RESULT. IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HEREBY AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT PURCHASE PRODUCTS OR SERVICES FROM THE SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT AT LEAST 13 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR ANY OF THEIR CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
THESE TERMS REQUIRE THE USE OF ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THE DISPUTE RESOLUTION DETAILS IN SECTION 19 OF OUR TERMS OF USE.
2. ORDERS & PAYMENTS
Acceptance of Orders: You agree that any order you place through the Services is an offer to buy all products and services listed in your order. All orders must first be accepted by us before we are obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number or details.
Pricing Terms: All prices and promotions posted through the Services are subject to change without notice. The prices charged for a product or service will be the price in effect at the time the order is placed, which will be set out in your order confirmation email. Posted prices do not include taxes or other processing fees. All such taxes and fees will be added to your order total, and will be itemized in your account and confirmation email. We strive to display accurate pricing, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Promotions: From time to time we may offer promotions or discounts through the Services that affect pricing, and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion or discount and these Terms, the promotional terms will govern.
Payment Terms: Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. We accept most major credit and debit cards for purchases. You represent and warrant that: (a) all payment information you supply to us is true, correct and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit card company or bank; and (d) you will pay charges incurred by you at the posted prices, including applicable taxes, if any, regardless of the amount quoted through the Services at the time of your order.
Privacy Policy: All information you submit in connection with any orders or purchases placed through the Services, including but not limited to the personal information provided during registration, or while placing a purchase or order, is subject to and governed by our Privacy Policy. By placing any orders or purchases through the Services, you agree to be bound by the Privacy Policy, and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please read our Privacy Policy before placing any orders or purchases through the Services.
3. SUBSCRIPTIONS & CANCELLATIONS
Subscriptions: Some services offered through the Services are on a subscription basis. The pricing and features you receive will depend on the specific Services plan you sign up for. Payments for subscription Services are billed in advance prior to the start of the month in which the Services are to be used. When you sign up for the Services you will provide a credit card or other valid payment method which we will charge on a recurring basis, according to your Services plan. You agree to timely pay all fees associated with your plan and account, and to maintain an accurate and valid payment method on file for your account, to pay all such ongoing fees. Unless otherwise stated in these Terms, all payments are non-refundable.
Accounts & Users: Subject to these terms, you shall be able to use the Services, configure your accounts, and authorize other users to use the Services, in accordance with your specific subscription plan. Each user must be identified by a unique email address and username. You may also appoint a specific user to act as your account administrator.
Authorization: By registering for the Services, you authorize us to charge your provided payment method on a recurring basis, according to your Services plan, in the amounts of: (a) Services fees; (b) applicable taxes; (c) and any other charges incurred through your account or by any of your authorized users. These charges will continue until Service are cancelled (below).
Cancellation: You may cancel your subscription to the Services at any time, and your access to such Services shall terminate immediately. Please note that all payments are non-refundable and there are no refunds for any partial-month subscription periods. To cancel, go to the “Account” page on our Sites and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the time of cancellation.
Invoices: We may, but are not required to, provide invoices for any amounts due during any applicable billing period. We reserve the right to correct any errors, inaccuracies, or omissions at any time which may have occurred in any such invoices. If you dispute any amounts stated in an invoice, or payment charge, you must notify us in writing within 30 days of the date of the invoice, or payment charge. If you do not provide us with any such notice within 30 days, you will be deemed to have accepted such charges.
Late Payments & Costs of Collection: If we do not receive timely payment for any applicable billing period, through your provided payment method or otherwise, your account will be subject to the following penalties: For any late payments, we reserve the right to immediately terminate or suspend your access to the Services, downgrade your account to a different billing structure, demand payment within a certain timeframe, and impose late fees until the amounts due are paid in full. For subscription services on recurring payment plans, if our payment processor is unable to process your monthly payment, your account and Services shall be immediately terminated. Further, you shall reimburse us for all out-of-pocket costs and expenses (including reasonable attorneys’ fees), plus all other reasonable expenses and costs of collection, we incur in attempting to recover any such fees from you.
4. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES ORDERED THROUGH OUR SERVICES. THIS LIMITATION OF LIABILITY SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.
5. ADDITIONAL TERMS & POLICIES
For additional terms relating to the Services and purchases of our products and services, including terms relating to product and service warranties, limitations on liability, governing laws, geographic restrictions, and resolving disputes, please refer to Sections 14 – 19 of our Terms of Use. For other General Terms relating to the Services and purchases of our products and services, including terms relating to waivers, assignments, severability, transferability, please refer to Section 20 of our Terms of Use.
For further details regarding the types of information we gather through the Services and how that information is used, please refer to our Privacy Policy.
6. YOUR QUESTIONS & COMMENTS
We always welcome feedback you may have about our products and services. All feedback, comments, requests for technical support and other communications relating to the Terms, subscriptions or Services, should be directed to: info@ashoreapp.com.
These Services are operated by Ashore App, LLC, a Texas limited liability company.
