TERMS & CONDITIONS FOR USE ("Terms & Conditions")
Welcome! This website, https://www.seablu.org (“Website”, or “Site”) is operated by SEABLU Organization, Inc. (“we”, “us”, “our”, or “Company”)
Please read these Terms and Conditions for Use (“Terms & Conditions”, or “Terms”) carefully before accessing or using the Website or the features contained within the Website, including but not limited to our materials such as newsletters, our non-electronic products, our website itself, our electronic products such as mobile device application(s) (“Apps”), and/or our online forms (“Services”).
To make these Terms & Conditions easier to read, all features of https://www.seablu.org/ including, but not limited to our materials, our non-electronic products, our website, our electronic products, our Apps and our online forms may be collectively referred to as the “Services”. If you have any questions about these Terms & Conditions, contact us, at any time by email at email@example.com and/or other methods provided on the Website.
These Terms & Conditions govern your use of our website. By accessing or using the Website and the Services, you agree to be bound by these Terms & Conditions. If you do not agree to all of the Terms & Conditions, then you may not access the Website or use any of the Services. The Website is not intended for any person who is under 13 years of age. If you are under 13 years old, do not use the website and do not provide us with any personal information.
New features or tools added to the Website shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions by visiting the Website at any time.
We reserve the right to refuse Services to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Website through which the Service is provided, without first obtaining express, written permission by us.
Changes to these Terms & Conditions
We reserve the right to change, correct, modify, or amend these Terms & Conditions at any time. If we modify our Terms & Conditions, we will update the “Effective Date” and such changes will be effective immediately upon posting. You should check these Terms & Conditions regularly. It is your obligation to check our current Terms & Conditions for any changes.
These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
It’s important that you review the Terms & Conditions whenever we modify them because continuing to access and/or use the Website and/or any other of our Services after we have posted modified Terms & Conditions on our Website or Apps indicates to us that you agree to be bound by the modified Terms & Conditions. If you don’t agree to be bound by the modified Terms & Conditions, then discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.
Personal, limited, revocable, nonexclusive, nontransferable License
We grant you a personal, limited, revocable, nonexclusive, nontransferable license to access and/or use our Website for noncommercial purposes contingent upon your ongoing and continuous agreement to comply with these Terms & Conditions so long as your access and/or use of our Website does not violate any aspect of these Terms & Conditions or law, including our intellectual property rights.
We reserve the right to terminate or limit your access to the Website and/or the licenses granted herein for any reason and in our sole discretion.
You may print and download materials and information on this Website solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
Copyrights and Trademarks
You acknowledge and agree that all Services, Content and any other materials if, at any time, made available at or appearing on https://www.seablu.org/, including but not limited to design, images, video, audio, text, software, technical drawings, configurations, graphics, other files, non-electronic products, electronic products, device applications, online forms, and their selection, metadata, coding and arrangement, (collectively “Content”), are protected by one or more of intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets or are the proprietary property of us, our affiliates, or licensors.
You further acknowledge and agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of any Services, Content and any other materials if, at any time, made available at or appearing on https://www.seablu.org/.
You further acknowledge and agree that Services, Content and any other materials if, at any time, made available at or appearing on https://www.seablu.org/ may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, transferred, translated, reverse engineered, decompiled, disaggregated and/or disassembled (except to the extent that this restriction is expressly prohibited by law), publicly displayed, publicly performed, published, adapted, edited, or converted into derivative works, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Services, Content and any other materials if, at any time, made available at or appearing on https://www.seablu.org/ for uses that are personal, noncommercial, and not competitive with or derogatory to us, provided all copyright and/or other proprietary notices intact. Please note that this limited consent may be revoked at any time by us. Any other use(s) of Services, Content, and any other materials if, at any time, made available at or appearing on https://www.seablu.org/ is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities.
You further acknowledge and agree that all trademarks on the Website are trademarks or registered trademarks of us, our affiliates, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of us.
You further acknowledge and agree that all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
We reserve all rights to all Services, Content, and any other materials if, at any time, made available at or appearing on https://www.seablu.org/.
Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. SEABLU Organization, Inc. reserves the right to remove any material on the Website which allegedly infringes another person’s copyright.
SEABLU Organization, Inc. deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Website that belongs to a third party, unless you have the legal right to do so.
If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to: Copyright Agent, SEABLU Organization, Inc. 3502 NW 46th Pl., Cape Coral, FL 33993 or in an email to firstname.lastname@example.org. This contact information is only for suspected copyright infringement. Please include the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
Prohibited Use of the Website
In addition to other prohibitions as set forth in these Terms & Conditions, you are prohibited from using the Website or its Services or Content: (a) for any unlawful or fraudulent purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware, ( j) for any damaging, obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website (or related website, other websites or the Internet) and/or Services.
From time to time SEABLU Inc. may offer access to additional content, Services, features, benefits, tools or uses of the Website to you or any other person who elects to create a member account subject to compliance with member account creation and/or registration requirements, if applicable, such as voluntary disclosure of personally identifiable information, payment of applicable charges and/or dues and provided all applicable laws and our Terms are fully complied with, entirely. Upon successful creation of a member account, you or any other person who elects to create a member account may be referred to as a “member” by us.
Upon creating a member account, you acknowledge and agree your member account is yours – and you are who you say you are. You further acknowledge and agree not to disclose your password or account to any other person unless required by law. In other words, you acknowledge and agree you will not impersonate any other person; you will not allow any other person to impersonate you; and you will not use a username that is subject to rights of another person, if applicable, without appropriate authorization.
We reserve the right to suspend or terminate your member account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or in violation of our Terms. You are responsible for maintaining the confidentiality of your password and account and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account.
Content Contributed by Members
The Website may contain forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow members to post, submit, publish, display, or transmit to other members or other persons content through the Website.
If you voluntarily disclose personal information (e.g., phone number, email address, etc.) on the Website vis-à-vis Interactive Services you acknowledge and agree that the information disclosed may be accessible through internet search engines, gathered and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on the Website.
Any content you post to the Website will be not be considered confidential. By providing any content on the Website, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You acknowledge and agree:
You own or control all rights in and to content you post and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your content does and will comply with these Terms.
You are responsible for any content you submit or post, and you, not SEABLU Organization, Inc., have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for any content posted by you or any other member of the Website.
You acknowledge and agree we have the right to:
Remove or refuse to post any member content for any or no reason in our sole discretion.
Take any action with respect to any member content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the website.
You acknowledge and agree you waive and hold harmless the company and its affiliates, agents, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company/such parties or law enforcement authorities.
We cannot and do not undertake to review all member content before it is posted on the website and cannot ensure prompt removal of objectionable member content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding content provided by any member or third party. We have no liability or responsibility to anyone for performance or nonperformance of activities such as monitoring, termination of membership, and other means of enforcement regarding member content.
You acknowledge and agree to comply with these content standards in connection with or pertaining to any member content you submit to us or post on the Website. Member content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, member content must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent affiliation with any person or organization.
Give the impression that SEABLU Organization, Inc. endorses member content, endorses a particular viewpoint, or endorses any person or entity. Be fraudulent or otherwise likely to deceive any other person.
Website Corrections and Changes
The Website may contain errors that may relate to the Company’s Services, Content, products, offerings, promotions, packages, programs, events, and materials.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Service or on any related website is inaccurate at any time and without prior notice (including after you have submitted your order, request, submission, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing, dates, availability, location, products, services, except as required by law.
No specified update or refresh data applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Payments and Refunds
From time-to-time, SEABLU Inc. may sell apparel and other types of products through the Website. With respect to payments and refunds in connection with purchasing these products, we offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Proceeds from every sale of product sold through the website support SEABLU Organization, Inc.
Links to the Website
If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from the Website
We do not monitor or review the content of other websites which are linked to this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.
Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our website and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, OR THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANYTIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS WEBSITE AND ITS CONTENTS AND SERVICES FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THIS WEBSITE AND/OR THE COMPANY’S LITERATURE.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY OF THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT THE AGGREGATE LIABILITY OF THE COMPANY AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
THIS COMPANY DOES NOT HOWEVER EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. NONE OF YOUR STATUTORY RIGHTS AS A CONSUMER ARE AFFECTED.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER, THE BALANCE OR ABOUT, INC. NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SEABLU INC. AND ITS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.
The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Florida, without reference to any conflict of laws rules.
The Website is hosted in the United States. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website or Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You and the Company agree that if there is any dispute concerning these Terms & Conditions any such dispute shall only be resolved by arbitration, after first giving proper notice to the other party and the opportunity to discuss resolution within thirty (30) days of such notice. You and the Company both waive the right to a jury trial.
YOU AND THE COMPANY WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THE WEBSITE, OUR SERVICES, AND/OR THESE TERMS & CONDITIONS.
Waiver and Severability
No waiver by SEABLU Inc. of any term or condition set forth in these Terms& Conditions 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 SEABLU Organization, Inc. to assert a right or provision under these Terms& Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms& Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms& Conditions will continue in full force and effect. To the extent that any provision of this Terms & Conditions is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to the Website and Services.
To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless the Company, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third-party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
No third-party beneficiaries
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign its rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
No joint venture, partnership, employment, or agency relationship exists between you and SEABLU Organization, Inc. because of these Terms & Conditions or your use of https://www.seablu.org/.
If you have any questions about these Terms & Conditions, contact us, at any time by email, phone, and/or Mail.
EMAIL – email@example.com
PHONE – (786) 254-1848
ADDRESS – 3502 NW 46th Pl.
Cape Coral, FL 33993
Effective Date: 1/1/2023