TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Serene Environments LLC, and our subsidiaries and affiliates, in association with the use of the website, which includes Sundefender (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
E-Commerce Sales of Floating Umbrellas
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating and account, the user shall then be considered a “member”
The user and member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Serene Environments. At its discretion, Serene Environments may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to updated, modified, revised or modified terms, you must stop using the provided Services.
It is Serene Environments LLC priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the website platform Services must create a “family” account which will certify that the individual creating the “family” account is of 18 years of age as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account she/he is thereby granting permission for her/his child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a random password or one of your choosing and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Serene Environments immediately if you notice any unauthorized access or use of your account or password or any breach of security. Serene Environments shall not be held liable for any loss and/or damage arising from any failure to comply with this terms and/or condition of the TOS
We and our dealers attempt to be as accurate as possible. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by us, we cannot confirm the price of all items until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by us and/or our dealers.
You may return most new, unopened items which were not special orders within 30 days of delivery for a full refund. Items should be returned in their original packaging. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). All returns will be subject to a 20% restocking fee. Special order items may be returned at our discretion. We will not accept returns on merchandise that was opened, used, or returned more then 30 days after delivery. If you would like to make a return or exchange, you must contact us by phone or email and receive an RMA number before returning your items. Items returned to us without notification will not be eligible for a refund or exchange.
Returns with appropriate RMA number can be made to:
2228 N Weaver Street Gainesville TX 76241
As a member of the Site you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the express sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by.
Furthermore, you herein agree not to make use of Serene Environments Services for purpose of:
a) Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, an/or racially, ethnically, or otherwise objectionable
b) Causing harm to minors in any manner what so ever
c) Impersonating any individual or entity, including , but not limited to, any officials, forum leader, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with any individual or entity.
d) Forging captions, heading or titles or otherwise offering any content that you personally have no rights to pursuant to any law nor having any contractual or fiduciary relationship with:
e) Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon a patent, copyright, trademark, or any proprietary or intellectual rights of any other party
f) Uploading, posting, emailing, transmitting or otherwise offering any content the you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.
g) Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising promotional flyers, “junk mail” “spam” or any other form of solicitation, except in any such areas that may have been designated for that purpose
h) Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment
i) Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users ability to participate in any real time interactions
j) Interfering with or disrupting any Serene Environments Services, servers and/or networks
k) Intentionally or unintentionally violating any local, state, federal, national or international law, including but not limited to rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
l) Providing informational support or resources, concealing and/or disguising the character, location, and/or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act
m) “stalking” or with the intent to otherwise harass another individual and/or member
n) Collecting or storing of any personal data relating to any other member or user in connection with prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs
Serene Environments herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Service. In addition, we reserve the right to move and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Serene Environments herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) Compliance with any legal process
b) Enforcement of the TOS
c) Responding to any claim that therein contained content is in violation of the rights of any third party
d) Responding to requests for customer service or
e) Protecting the rights, property or personal safety of Serene Environments, its visitors, users and members including the general public
Serene Environments herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Serene Environments or any other content providers supplying content services to Serene Environments. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of an information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore you state and pledge that you;
a) Are not on list of prohibited individuals which may be identified on any government export exclusion report, nor a member of any government which may be part of an export-prohibited country
b) Agree not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country;
c) Agree not to use our website network Services for any military, nuclear, missle, chemical or biological weaponry end uses that would be a violation of the U.S. export laws and
d) Agree not to post, transfer, nor upload any software technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Serene Environments shall not lay claim to ownership of any content submitted by any visitor, member, or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Serene Environments the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Serene Environments sites, the license provided to permit use distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Serene Environments sites, and shall terminate at such time when you elect to discontinue your membership
b) Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Serene Environments sites, the license provided to permit use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Serene Environments sites and shall terminate at such time when you elect to discontinue your membership
c) For any other content submitted or made available for inclusion on publicly accessible areas of Serene Environments sites, the continuous , binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify , adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.
Those areas which may be deemed “publicly accessible” areas of Serene Environments sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards, and groups that are openly available to both visitors and members. However, those areas which are not open to public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Serene Environments provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
All users and/or members herein agree to insure and hold harmless Serene Environments, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to Serene Environments sites
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Serene Environments may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Serene Environments. Nor the maximum number of email messages that may be send and/or received by any member, the maximum volume or size of any email message that may be sent from or maybe received by an account on our Service, the maximum disk space allowable that shall be allocated on Serene Environments servers on the members behalf, and/or the maximum number of time and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Serene Environments has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. Your also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Serene Environments shall reserve the right to modify, alter and/or update these general practices and limits at our discretion
Serene Environments shall reserve the right at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.
As a member of Sundefender, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com
As a member, you agree that Serene Environments may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to;
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitation of access for cause shall be made at our sole discretion and that we shall not be liable to your or any other third party with regards to the termination of your account, associated email address and /or access to any of our Services
The termination of your account with Sundefender shall include any and/or all of the following;
Any correspondence or business dealings with, or in participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Serene Environments shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Serene Environments or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such we do not endorse nor are we responsible or liable for any content products, advertising or any other materials on or available from such third party sites or resources. Furthermore you acknowledge and agree that Serene Environments shall not be responsible or liable directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content goods or Services made available on or through any such site or resource
You do hereby acknowledge and agree that Serene Environments Services and any essential software that may be used in connection with our Services(“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information represented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Serene Environments or such applicable licensor, you agree not to alter modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Serene Environments Services (e.g. Content or Software), in whole or in part.
Serene Environments herein has granted you personal , non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not , and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation , for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Serene Environments for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SERENE ENVIRONMENTS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICER, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE , INDIRECT, INCIDENTAL, SPECIAL CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES EVEN THOUGH WE MAY HAVE ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU
THIRD PART BENEFICIEARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement
Serene Environments may furnish you with notices, including those with regards to changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspect of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand, and agree that all of the Serene Environments trademarks, copyright, trade name, service marks, and other Serene Environments logos, and any brand features, and/or product and service names are trademarks and as such are and shall remain the property of Serene Environments. You herein agree not to display and/or use in any manner the Serene Environments logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Serene Environments will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Serene Environments may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information
The Serene Environments Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows
This TOS constitutes the entire agreement between you and Serene Environments LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Serene Environments Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Serene Environments Services, affiliate Services, third –party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutal agreement of both you and Serene Environments LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between your and Serene Environments, shall be filed within the courts having jurisdiction within the Country of United States, Texas or the U.S. District Court located in said state. You and Serene Environments agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time should Serene Environments LLC fail to exercise or enforce any right of provision of the TOS, such failure shall not constitute a waiver of such rights or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVOVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Serene Environments
Serene Environments LLC