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Terms of Service

Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Beachcomber Footwear LLC (hereinafter "Beachcomber Flip Flops"), a company duly organized and validly existing, located at 750 Otto Ave, Saint Paul, Minnesota 55102. This Agreement annuls and voids all previous agreements. OVERVIEW The Site (https://store-t3v9tjjho1.mybigcommerce.com/) is operated by Beachcomber Flip Flops. Throughout the Site, the terms "we", "us" and "our" refer to Beachcomber Flip Flops. Beachcomber Flip Flopsoffers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. SECTION 1 - GENERAL TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 1. Restrict, suspend or terminate your access to all or any part of our Site; 2. Change, suspend or discontinue all or any part of our products or Site; 3. Refuse, move, or remove any content that is available on all or any part of our Site; 4. Deactivate or delete your accounts; 5. Establish general practices and limits concerning use of our Site. You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Beachcomber Flip Flopscontent is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Beachcomber Flip Flops and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Beachcomber Flip Flops or our licensors except as expressly authorized by these Terms. SECTION 2 - CREATING AN ACCOUNT Once you create an account with us, you are registered on the Beachcomber Flip Flops Site. The terms "member," "membership," and "account" all refer to this registration as a member on Beachcomber Flip Flops's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Beachcomber Flip Flops is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Beachcomber Footwear LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Beachcomber Footwear LLC Services, or any portion thereof. SECTION 3 - CONDUCT As a user or 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 expressed 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 the Beachcomber Flip Flops 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 Beachcomber Flip Flops. Furthermore, you herein agree not to make use of Beachcomber Footwear LLC's Services for the 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, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any Beachcomber Flip Flops officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right 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 any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that 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 such 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 Beachcomber Footwear LLCServices, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; 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 n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Beachcomber Footwear LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. Beachcomber Footwear LLC 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 Terms; 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 the personal safety of Beachcomber Footwear LLC, its visitors, users and members, including the general public. Beachcomber Footwear LLC 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 Beachcomber Footwear LLC or any other content providers supplying content services to Beachcomber Footwear LLC. 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 any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. SECTION 4 - GLOBAL USE; EXPORT/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 (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; 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, missile, 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. SECTION 5 - SUBMITTED CONTENT Beachcomber Footwear LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Beachcomber Footwear LLC 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 Beachcomber Footwear LLC's Sites, the license provided to permit to 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 Beachcomber Footwear LLC's 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 Beachcomber Footwear LLC's sites, the license provided to permit to 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 Beachcomber Footwear LLC's 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 the publicly accessible areas of Beachcomber Footwear LLC's 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 current used or later developed. Those areas which may be deemed "publicly accessible" areas of Beachcomber Footwear LLC's 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 users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging. CONTRIBUTIONS TO COMPANY WEBSITE Beachcomber Footwear LLC may provide an area for our user 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: a) your contributions do not contain any type of confidential or proprietary information; b) Beachcomber Flip Flops shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c ) Beachcomber Flip Flops shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property of Beachcomber Flip Flops; and e) Beachcomber Flip Flops is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. SECTION 6 - INDEMNITY All users and/or members agree to insure and hold Beachcomber Footwear LLC, 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 Beachcomber Flip Flops Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. SECTION 7 - 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 Beachcomber Flip Flops's sites. SECTION 8 - MODIFICATIONS Beachcomber Footwear LLCreserves 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 to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. SECTION 9 - TERMINATION As a member of https://store-t3v9tjjho1.mybigcommerce.com/, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to . As a member, you agree that Beachcomber Footwear LLC 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: a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; d) unexpected technical or security issues and/or problems; e) any extended periods of inactivity; f) any engagement by you in any fraudulent or illegal activities; and/or g) the nonpayment of any associated fees that may be owed by you in connection with your https://store-t3v9tjjho1.mybigcommerce.com/ account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you 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 https://store-t3v9tjjho1.mybigcommerce.com/ shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within https://store-t3v9tjjho1.mybigcommerce.com/; b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c) the barring of any further use of all or part of our Services. SECTION 10 - LINKS Either Beachcomber Footwear LLC 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 Beachcomber Footwear LLC 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. SECTION 11 - PROPRIETARY RIGHTS You do hereby acknowledge and agree that Beachcomber Footwear LLC's 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 presented 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 Beachcomber Footwear LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Beachcomber Footwear LLC Services (e.g. Content or Software), in whole or part. Beachcomber Footwear LLC hereby grants you a personal, non-transferable and non-exclusive right 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 Beachcomber Footwear LLC for use in accessing our Services. SECTION 12 - WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF BEACHCOMBER FOOTWEAR LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. BEACHCOMBER FOOTWEAR LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b ) BEACHCOMBER FOOTWEAR LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BEACHCOMBER FOOTWEAR LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) BEACHCOMBER FOOTWEAR LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BEACHCOMBER FOOTWEAR LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BEACHCOMBER FOOTWEAR LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BEACHCOMBER FOOTWEAR LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. SECTION 13 - LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BEACHCOMBER FOOTWEAR LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. SECTION 14 - RELEASE In the event you have a dispute, you agree to release Beachcomber Footwear LLC(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. SECTION 15 - NOTICE Beachcomber Footwear LLC may furnish you with notices, including those with regards to any changes to the Terms, 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 aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement 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. SECTION 16 - INTELLECTUAL PROPERTY RIGHTS You herein acknowledge, understand and agree that all of the Beachcomber Footwear LLCtrademarks, copyright, trade name, service marks, and other Beachcomber Footwear LLClogos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Beachcomber Footwear LLC. You herein agree not to display and/or use in any manner the Beachcomber Footwear LLClogo or marks without obtaining Beachcomber Footwear LLC's prior written consent. Beachcomber Footwear LLC 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, Beachcomber Footwear LLC may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The Beachcomber Footwear LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Beachcomber Footwear LLC Attn: Copyright Agent 750 Otto Ave Saint Paul, Minnesota 55102 Telephone: 6122103769 Email: sales@beachcomberflipflops.com SECTION 17 - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and Beachcomber Footwear LLCand shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Beachcomber Footwear LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Beachcomber Footwear LLC Services, affiliate Services, third-party content or third-party software. SECTION 18 - CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Beachcomber Footwear LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Minnesota 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 Agreement, or the relationship between you and Beachcomber Footwear LLC, shall be filed within the courts having jurisdiction within the County of Ramsey, Minnesota or the U.S. District Court located in said state. You and Beachcomber Footwear LLC 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. SECTION 19 - WAIVER AND SEVERABILITY OF TERMS At any time, should Beachcomber Footwear LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement remain in full force and effect. SECTION 20 - NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY 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 a death certificate, your account may be terminated and all contents therein permanently deleted. SECTION 21 - 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 Agreement must be filed within year(s) after said claim or cause of action arose or shall be forever barred. SECTION 22 - VIOLATIONS Please report any and all violations of this Agreement to Beachcomber Footwear LLC as follows: Mailing Address: Beachcomber Footwear LLC 750 Otto Ave Saint Paul, Minnesota 55102 Telephone: 6122103769 Email: sales@beachcomberflipflops.com SECTION 23 - GOVERNMENT REQUESTS In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy. SECTION 24 - FOREIGN ACCESS OF SITE The Site is controlled, operated and administered by Beachcomber Flip Flopsfrom our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Beachcomber Flip Flops's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. SECTION 26 - PRIVACY POLICY Every member's registration data and various other personal information are strictly protected by t h e Beachcomber Footwear LLC Online Privacy Policy (see the full Privacy Policy at https://store-t3v9tjjho1.mybigcommerce.com/pages/about/privacy-policy.html). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Beachcomber Footwear LLC and/or our subsidiaries and affiliates.

 

Privacy Policy

ONLINE PRIVACY POLICY AGREEMENT January 22, 2020 Beachcomber Footwear LLC (Beachcomber Flip Flops) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Beachcomber Footwear LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards. We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Beachcomber Footwear LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner. This Policy applies to Beachcomber Footwear LLC, and it governs any and all data collection and usage by us. Through the use of http://www.beachcomberflipflops.com/, you are therefore consenting to the data collection procedures expressed in this Policy. Please note that this Policy does not govern the collection and use of information by companies that Beachcomber Footwear LLCdoes not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected. Specifically, this Policy will inform you of the following 1. What personally identifiable information is collected from you through our website; 2. Why we collect personally identifiable information and the legal basis for such collection; 3. How we use the collected information and with whom it may be shared; 4. What choices are available to you regarding the use of your data; and 5. The security procedures in place to protect the misuse of your information. Information We Collect It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as: · Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested. · Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs. In addition, Beachcomber Footwear LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service. Beachcomber Footwear LLCmay also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public. Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy. Why We Collect Information and For How Long We are collecting your data for several reasons: · To better understand your needs and provide you with the services you have requested; · To fulfill our legitimate interest in improving our services and products; · To send you promotional emails containing information we think you may like when we have your consent to do so; · To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so; · To customize our website according to your online behavior and personal preferences. The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy. Use of Information Collected Beachcomber Footwear LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties. Beachcomber Footwear LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from http://www.beachcomberflipflops.com/ Beachcomber Footwear LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered. Beachcomber Footwear LLCuses various third-party social media features including but not limited to https://www.facebook.com/beachcomberflipflops,https://www.instagram.com/beachcomber860/, and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Beachcomber Footwear LLC's control. Disclosure of Information Beachcomber Footwear LLC may not use or disclose the information provided by you except under the following circumstances: · as necessary to provide services or products you have ordered; · in other ways described in this Policy or to which you have otherwise consented; · in the aggregate with other information in such a way so that your identity cannot reasonably be determined; · as required by law, or in response to a subpoena or search warrant; · to outside auditors who have agreed to keep the information confidential; · as necessary to enforce the Terms of Service; · as necessary to maintain, safeguard and preserve all the rights and property of Beachcomber Footwear LLC. Non-Marketing Purposes Beachcomber Footwear LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Beachcomber Footwear LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice. Children under the age of 13 Beachcomber Footwear LLC's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website. Unsubscribe or Opt-Out All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to sales@beachcomberflipflops.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Beachcomber Footwear LLC will continue to adhere to this Policy with respect to any personal information previously collected. Links to Other Websites Our website does contain links to affiliate and other websites. Beachcomber Footwear LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website. Notice to European Union Users Beachcomber Footwear LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy. Security Beachcomber Footwear LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control. The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. In addition, Beachcomber Footwear LLC is a licensee of TRUSTe. The website is also secured by VeriSign. Acceptance of Terms By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes. How to Contact Us If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address. Email: sales@beachcomberflipflops.com Telephone Number: 6122103769 Mailing Address: Beachcomber Footwear LLC 750 Otto Ave Saint Paul, Minnesota 55102