Vagabond - Terms of Use - Vagabond Beach





Terms of Use

OVERVIEW
Welcome to the Vagabond online store.  This website is owned and operated by Vagabond.  Throughout the site, the terms “we,” “us,” and “our” refer to Vagabond.  We offer this website, including all information, tools and services available from this site, to you conditioned upon your acceptance of all terms, conditions, policies and notices (collectively “Terms”) stated here.

By using this Web site, you acknowledge that you have read, understand and agree to be bound by these Terms.  Our Privacy Policy, Shipping Policy and Returns Policy are part of these Terms.  We reserve the right to modify these Terms at any time and will post such changes on this Web site.  If you do not agree to any of these Terms, you must immediately stop accessing the website.  In the event of a violation of any of these Terms, we reserve the right to seek all remedies available by law and in equity.

 

LIMITED LICENSE
The website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs and images (collectively, "Materials") are protected by copyright laws and other U.S. and international laws and treaties.  All Materials are provided through this website as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials.  No right, title or interest in our Materials is conveyed to you.  This is a limited license, not a transfer of title of our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Web site for any competitive or commercial purpose; nor may you permit any copying of our Materials.  Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited.  We may revoke this limited license at any time for any or no reason.  All rights not expressly granted are reserved by us, as applicable.

 

COPYRIGHT NOTICE
We retain all rights regarding all artwork and designs on our products.  All artwork and designs on our products are owned by our company, Vagabond, and are registered with the United States Copyright Office.  Therefore, all artwork and designs on our products are protected by U.S. and international laws and treaties.  Your misuse of our copyrighted artwork and designs is strictly prohibited.  You are also advised that if you infringe our copyrights, we may aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies. 

 

TRADEMARKS
We retain all rights regarding our brand names and trademarks.  These names or marks, and all associated logos or images, are common law trademarks of Vagabond and they are protected by U.S. and international laws and treaties.  No license to the use of such names and marks is granted to you under these Terms or by your use of this Web site. Your use of our trademarks displayed on this Web site is strictly prohibited.

 

USER SUBMISSIONS
Thank you for all of your submissions to us - we appreciate each and every one of them here at Vagabond!  Please continue to submit media to us! :) However, we do have to include the following for protection purposes:  We may, but are not obligated to, use -in any way we see fit- any photographs, images, or text(collectively "User Submissions") contained in any communication you send or provide to us for any purpose whatsoever including, but not limited to, social media, advertising, promotion, entertainment, commercial purposes, and developing, manufacturing and marketing products.  Accordingly, we may use, edit, copy, display, publish, remove, prepare derivative works from, exhibit, or otherwise broadcast the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed, all without any payment to or further authorization by you.  You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our Web Site and/or social media pages (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate, whether they comply with these Terms, our standards, and applicable law, and whether they may be posted or removed.

 

LINKING
Periodically, links to this Web site may be established from external Web sites or resources operated by third parties (the "Third Party Sites").  None of such links should be deemed to imply that we endorse the Third Party Sites or any content therein.  We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites.  Accesssing any Third Party Sites is at your own risk and we will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

 

OUR PRODUCTS
All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice.  From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We make no representation as to the completeness, accuracy, or currency of any information on this Web site.  We reserve the right to make changes in information about price, description, or availability without notice.  We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.  We have made every effort to display as accurately as possible the colors of our products that appear on the Web site, however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Web site does not imply or warrant that these products or services will be available at any particular time.

 

UNDELIVERABLE SHIPMENTS
If for any reason, a package is deemed undeliverable by the shipping carrier, it will be considered abandoned.  If the package is returned to us, we will make every reasonable effort to contact you for a revised shipping address.  If we cannot reach you, we will refund you the cost of the items (excluding the initial cost of shipping, and any associated fees we were assessed to have the items returned to us).  If we do receive a revised shipping address from you, we will then reship to the revised address after receiving payment for the additional cost of reshipping. If the package is NOT returned to us, you will be responsible for all charges related to the abandoned package including the cost of the merchandise.

 

ORDER ERRORS AND DEFECTIVE MERCHANDISE:
Vagabond/Vagabondbeach.com takes great pride in offering the highest quality merchandise and fulfilling customer orders accurately.  All orders are inspected several times prior to shipment to guarantee that the order meets our high quality control standards.  Should you find any errors or defects with the items in your order, you must notify customer service within 48 hours of receipt of the shipment.  We reserve the right to rectify the error within a reasonable time frame.

 

DISCLAIMER OF WARRANTY
Access to this Web site is provided to our customers and prospective customers "as is" and "as available" and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, the foregoing disclaimer may not apply to you. Vagabond reserves the right to block or deny access to the Web site to anyone at any time for any reason.

 

JURISDICTION
We control this website from an office located in the State of Iowa.  We do not imply that the materials published on this website are appropriate for use outside of the United States.  If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.  The Terms of this website shall be governed by the laws of the State of Iowa, without regard to the conflicts of laws provisions therein.

 

LIMITATION OF LIABILITY
In no event will Vagabond be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked websites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Vagabond is expressly advised about the possibility of such damages.  In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, the foregoing limitations on liability may not apply to you.  Vagabond is not responsible for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website.

 

INDEMNITY
You understand and agree that you are personally responsible for your behavior on the website. You agree to defend, indemnify and hold harmless Vagabondbeach.com and its parent company, Vagabond, and any director, officer, employee, business partner, supplier, agent, reseller, owner, and any third-party information provider of Vagabondbeach.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use, misuse or inability to use the website or violation of any of these Terms. This defense and indemnification obligation will survive these Terms and your use of the website.

 

REVISIONS
We may terminate, change, suspend or discontinue any aspect of this website, at any time and without notice.  We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice.  Accordingly, this means we may terminate the authorization, rights and license given in these Terms at any time and without notice.  Your continued use of this website after any changes to these Terms are posted will be considered acceptance of those changes.

 

ORDER ACCEPTANCE POLICY
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 reserve the right at any time after receipt of your order, to accept or decline your order for any reason, and/or to supply less than the quantity you ordered of any item. All orders placed over $2,000.00 ( USD ) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

 

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. 

 

DISPUTE RESOLUTION
Agreement to Resolve all Disputes through Arbitration or in Small Claims Court and Agreement to Waive a Right to Jury Trial and to Participation in Class Actions
You and we agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from us by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. You agree that the arbitration or small claim proceeding will take place in Des Moines County, Iowa.

We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association's web site at www.adr.org . It is agreed that the Arbitration Award may be taken to a Court of competent jurisdiction to become an enforceable judgment. You agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.

If you wish to begin arbitration against us you must file a case with the American Arbitration Association. You may visit the American Arbitration Association's web site at www.adr.org to obtain forms and guidance and to learn the procedure for filing a case under this Arbitration Agreement.

This Arbitration Agreement affects your legal rights. An arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and us are each waiving the right to a trial by jury or to participate in a class action.

 

CREDIT / DEBIT CARD AUTHORIZATIONS
An authorization on a credit or debit card is a hold against your banks credit card spending limit. When the goods are shipped, a charge for the total amount of the order shipped will be sent to your credit card bank. Your bank should release the authorization when the charge is received. A charge is the only time a transfer of funds is completed; an authorization is not a transfer of funds.

 

USE OF THE WEBSITE
You certify that the information you provide on the website is accurate and complete.  You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify us immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the website, or any portion of the website, at any time without notice.

We and our affiliates have no liability to you for content on the website that you find offensive, indecent, or objectionable.  If you are under the age of majority in your jurisdiction, you may use the website only with involvement of a parent or guardian.   

You are prohibited from:

•     Violating or attempting to violate the security of the website; 
•     Using any device, software, or routine to interfere or attempt to interfere with the proper working of the website, copying and/or altering the website; or
•     Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Us or other third party web browsers) to navigate or search the website. 
 

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Vagabond - Terms of Use | Vagabond Beach ...