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Effective Date: February 7, 2025
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Nexus Novelty LLC, concerning your access to and use of the www.seapouches.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, you are expressly prohibited from using the Site and must discontinue use immediately.
Please review the following terms carefully. By using the Site, you confirm that you understand and agree to these Terms of Service. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
1. Eligibility You must be at least 21 years old to use this site. By using the site, you represent and warrant that you meet this age requirement and have the authority to enter into these Terms of Service.
2. Prohibited Activities You agree not to:
3. Intellectual Property All content on this site, including text, graphics, logos, and images, is the property of Nexus Novelty LLC and is protected by copyright and trademark laws. You may not use, reproduce, or distribute this content without explicit permission.
4. Product and Service Information We make every effort to accurately describe our products and services. However, we do not guarantee that descriptions are error-free. Prices and availability are subject to change without notice.
5. User Representations
By using the Site, you represent and warrant that:
(1) All registration information you submit will be true, accurate, current, and complete.
(2) You will maintain the accuracy of such information and promptly update it as necessary.
(3) You have the legal capacity and agree to comply with these Terms of Service.
(4) You are not a minor in the jurisdiction in which you reside.
(5) You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(6) You will not use the Site for any illegal or unauthorized purpose.
(7) Your use of the Site will not violate any applicable law or regulation.
If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
6. User Registration
To access certain features of the Site, you may be required to register. You agree to keep your password confidential and acknowledge that you will be responsible for all activities that occur under your account. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that the username is inappropriate, obscene, or otherwise objectionable.
7. Products
We strive to display the colors, features, specifications, and details of our products as accurately as possible. However, we cannot guarantee that all descriptions are error-free or that the colors and details of the products will be displayed correctly on your device. All products are subject to availability, and we cannot guarantee stock levels. We reserve the right to discontinue any product at any time. Prices for products are subject to change without prior notice.
8. Purchases and Payment
We accept the following forms of payment:
You agree to provide accurate and complete purchase and account information when making purchases through the Site. You also agree to promptly update any information, such as email address or payment method, so that we can process your transactions smoothly. Sales tax will be applied as required. All transactions are conducted in U.S. dollars. You authorize us to charge your payment method for any amounts due at the time of your order. If your order involves recurring charges, you consent to us charging your payment method on a recurring basis until you cancel the applicable order.
We reserve the right to correct any pricing errors and may refuse any order at our sole discretion. Additionally, we may limit or cancel quantities purchased per person, household, or order, including orders placed under the same account, payment method, or billing address.
By placing an order, you consent to receiving automated transactional messages (e.g., order updates) at the phone number or email you provided. Message and data rates may apply.
9. Return Policy
Please review our Return Policy posted on the Site before making any purchases. This will help you understand our terms regarding returns, exchanges, and refunds.
10. Prohibited Activities
You agree not to use the Site for any purpose other than its intended use. You may not engage in commercial activities unless explicitly endorsed or approved by us. As a user, you also agree not to:
11. Guidelines for Reviews
We may allow users to post reviews or ratings on the Site. When posting a review, please adhere to these guidelines:
We reserve the right to accept, reject, or remove reviews at our discretion. Reviews posted on the Site do not reflect our views, and we assume no responsibility for any claims or losses arising from such reviews. By posting a review, you grant us a perpetual, non-exclusive, royalty-free license to use, modify, and distribute your review content.
12. Submissions
Any questions, comments, suggestions, ideas, or other information you provide to us regarding the Site or our products (collectively, "Submissions") are non-confidential and shall become our sole property. We have exclusive rights to use, distribute, or modify these Submissions for any lawful purpose, without compensation to you. You waive any moral rights to such Submissions and warrant that they are original or that you have the right to submit them.
13. Third-Party Websites and Content
The Site may contain links to third-party websites or content. We are not responsible for the accuracy, appropriateness, or completeness of any third-party content. Accessing third-party websites or using third-party content is at your own risk, and our Terms of Service no longer govern. You should review the applicable terms and privacy policies of third-party websites. We do not endorse the products or services on third-party websites, and we are not liable for any losses or damages arising from your interactions with them.
14. Site Management
We reserve the right to:
15. Termination of Access
We reserve the right to deny access to and use of the Site and its offerings at our discretion and without notice or liability. This includes blocking certain IP addresses, terminating or suspending your account, and removing any content posted by you. If your account is terminated, you are prohibited from registering and creating a new account under your name or any other name. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies. Additionally, we may take legal action to recover damages if you breach the terms of this agreement or cause harm to the Site or other users.
16. Modifications to the Site
We may modify, suspend, or discontinue all or part of the Site, services, or offerings without notice at any time. While we do not guarantee the availability of the Site at all times, we will make reasonable efforts to ensure a functional experience. However, we are not liable for any interruptions, delays, or errors that occur during maintenance or updates. You agree that we will not be held responsible for any loss or inconvenience caused by such disruptions.
17. Corrections to Information
We are not responsible for typographical errors or inaccuracies on the Site, including product descriptions, pricing, availability, or other content. We reserve the right to make corrections or updates as needed without prior notice. We also make no warranty or guarantee regarding the completeness or accuracy of the Site's content.
18. Disclaimers and Limitation of Liability
The Site and all products and services offered through it are provided "as is" and "as available" without any warranty or representation, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site will be available at all times or free of errors.
In no event shall Nexus Novelty LLC, its affiliates, or its employees be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or your purchase of products from the Site, even if we have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site is to stop using it.
19. Indemnification
You agree to indemnify, defend, and hold harmless Nexus Novelty LLC, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any and all claims, losses, liabilities, damages, and expenses (including attorney's fees) arising from your use of the Site, your violation of these Terms of Service, or your violation of any rights of a third party.
20. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles. Any disputes or claims arising out of or in connection with these Terms of Service or your use of the Site shall be resolved through binding arbitration in Tampa, Florida, except that either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
21. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.
22. Entire Agreement
These Terms of Service, together with any other legal notices and agreements published by us on the Site, shall constitute the entire agreement between you and Nexus Novelty LLC concerning the use of the Site. If there is any conflict between the terms of these Terms of Service and any other agreement you may have with us, the terms of these Terms of Service shall govern.
23. Contact InformationIf you have any questions or concerns regarding these Terms of Service, please contact us at:
Nexus Novelty LLC
1201 Tech Blvd Suite 110, Tampa, FL 33619
sales@seapouches.com
813-284-8042