Terms and Conditions (updated September 1, 2021) Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the FishMonkeyGloves.com website (the “Service”) operated by Fish Monkey Gloves (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. If you do not agree with these Terms and Conditions, you should immediately stop using the site. Communications By creating an Account on our service, you may opt-in to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Content Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Fish Monkey Gloves has the right but not the obligation to monitor and edit all Content provided by users. In addition, the Content found on or through this Service are the property of Fish Monkey Gloves or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. Purchases If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete. The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Sales Tax Sales tax, if applicable, will be added to your order. Some areas require that sales tax also be assessed on shipping and handling charges. If tax has not been calculated on your order, use tax may still be required to be remitted to your state. Please check with your state’s Sales Tax Office to see if you are required to remit use tax on the items that you have purchased from us. Contests, Sweepstakes and Promotions Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. Modification to Terms and Conditions FishMonkeyGloves.com may, at any time, modify or change terms and conditions. Your use of the site after modifications or changes shall constitute your acceptance of these modification or changes. Disclaimers of Warranties Fish Monkey Gloves cannot and does not represent or warrant that FishMonkeyGloves.com or its servers will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or will otherwise meet your requirements. FishMonkeyGloves.com is provided on an “as is”, “as available” basis without representations or warranties of any kind. Fish Monkey Gloves makes no representations or warranties of any kind, express or implied, as to the operation of the site and/or the accuracy or completeness of the site contents. You expressly agree that your use of the site is at your sole risk. Limitations of Liability In no event shall Fish Monkey Gloves nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. If you are not satisfied with FishMonkeyGloves.com or any content on the site, your sole and exclusive remedy is to discontinue using the site. Jurisdiction The access and use of FishMonkeyGloves.com is governed by and interpreted under the laws of the State of Minnesota in the United States of America. Fish Monkey Gloves does not represent or warrant that FishMonkeyGloves.com is appropriate or available for use in any particular jurisdiction outside of the USA. By accessing or using FishMonkeyGloves.com, you agree to submit to the jurisdiction and venue of the state and federal courts in Okaloosa County, Destin to resolve any dispute arising in connection with your use of the site. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
