Terms of Use

 

Welcome to the Clearwater Reef Web sites, which include but are not limited to ReefGear.com (the "Sites"). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").

Your use of the Sites constitutes your agreement to follow and be bound by this Agreement (explained below), Conditions Of Use, Privacy Policy and all disclaimers and terms and conditions that appear elsewhere on the Reef Gear Web site. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

 

 

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserves the right at any time after receipt of your order to accept or decline your order for any reason.

 

Site Contents

Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Reef Gear Inc., ReefGear.com, www.ReefGear.com, and other trademarks appearing on the Sites are the trademarks of Reef Gear Inc. and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

Unless otherwise specified, the Sites and the Contents are intended to promote Reef Gear Inc.'s products and services available in the United States. The Sites are controlled and operated by Reef Gear Inc. from its offices in Jupiter, Florida. One or more patents may apply to the Sites, including without limitation.

 

User Comments, Feedback, and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Reef Gear Inc., whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Reef Gear Inc.'s property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Reef Gear Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Reef Gear Inc. shall not be limited in any way in its use, commercial or otherwise, of any Comments. Reef Gear Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Reef Gear Inc. has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Reef Gear Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Reef Gear Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.

 

Copyright Complaints

ReefGear.com respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact ReefGear.com as soon as possible.

 

Product Information

Many products displayed on the Sites are available in Reef Gear stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.

Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.

 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 Sites is inaccurate at any time without prior notice (including after you have submitted your order).

 

Product Display/Colors

The Reef Gear Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

 

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of ReefGear.com ReefGear.com has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the Reef Gear Web site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

 

Disclaimer

The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Reef Gear Inc. expressly disclaims any duty to update or revise the materials on the Sites, although Reef Gear Inc. may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. ReefGear.com shall not be liable for any damages of any kind related to your use of the Sites.

 

Limitation of Liability

By using the Reef Gear Web site, you expressly agree that use of the Reef Gear Web site is at your sole risk. The Reef Gear Web site is provided on an "AS IS" and "as available" basis. Neither Reef Gear nor its parent company, affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Reef Gear Web site will be uninterrupted or error-free. Neither Reef Gear nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Reef Gear Web site or the products or services offered for sale on the Reef Gear Web site. Further, Reef Gear makes no representation that content provided on the Reef Gear Web site is applicable to, or appropriate for use in, locations outside of the United States. Reef Gear and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Reef Gear or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Reef Gear or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Reef Gear Web site or the purchase of merchandise from this site, including but not limited to reliance by you on any information obtained from the Reef Gear Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Reef Gear has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Reef Gear Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Indemnification

You agree to defend, indemnify and hold Reef Gear Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

 

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and ReefGear.com agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to ReefGear.com at: ReefGear., 359 Lake Park Road, Suite 102, Lewisville, TX 75057 Attn: General Counsel, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and ReefGear.com agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

 

Choice of Law

This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Texas, County of Denton. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of ReefGear's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.

 

Security

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

The Reef Gear web site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of the Reef Gear Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the web site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Web site (impersonating the Reef Gear Web site) or to the Web site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Reef Gear, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Reef Gear Web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Reef Gear Web site other than the search engine and search agents provided by Reef Gear or generally publicly available browsers.

 

Termination

These terms are effective unless and until terminated by either you or ReefGear.com You may terminate this Agreement at any time. ReefGear.com also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

 

ReefGear.com
2875 Jupiter Park Drive, Suite 1700
Jupiter, Florida 33458
866.765.REEF (7333)