Terms & Conditions
These Terms & Conditions govern access to and use of neptunenco.com and Neptune & Co.’s service offerings allowing connection to Neptune & Co.’s mobile-friendly version of its website (together, the “Website”). The Website is hosted on an online e-commerce platform. Your use of the Website constitutes your agreement to follow and be bound by these terms. These Terms & Conditions apply to all users of the Website. If you do not agree to these terms, please do not use the Website. Please contact us if you have any questions at firstname.lastname@example.org.
Use of the Website
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use the Website.
You shall not use our merchandise for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction, including but not limited to intellectual property laws.
You must not transmit any malware or viruses or any code of a destructive nature. You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Neptune & Co.’s express prior approval, contains advertising or any solicitation with respect to products or services.
In addition, if we feel that a user abuses the Website in any way, we reserve the right to share certain information with third parties. Abuses include, but are not limited to, possible copyright infringement, possible libel and/or slander, possible credit card fraud. Neptune & Co. reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification.
A breach or violation of any of the Terms & Conditions shall result in an immediate termination of your right to use the Website.
The Website is expressly owned and operated by Neptune & Co. Unless otherwise noted, all design and content featured on neptunenco.com -including navigational buttons and images, artwork, graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Neptune & Co. All trademarks, service marks and trade names are owned, registered and/or licensed by Neptune & Co. All content on the Website (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Neptune & Co.; all rights reserved. “User generated content” is defined as all communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the Content is owned by Neptune & Co.
Neptune & Co. uses the following trademarks in print and on our products: Facebook is a registered trademark of Facebook, Inc.; YouTube and the YouTube logo, trademarks of Google Inc.
You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase Neptune & Co. merchandise. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or Content appearing on the Website, including user generated content, without Neptune & Co.’s prior written consent, unless it is your own user generated content that you legally post on the Website.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEPTUNE & CO. MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
IN ADDITION, NEPTUNE & CO. MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEPTUNE & CO. WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT.
UNDER NO CIRCUMSTANCE WILL NEPTUNE & CO. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
By availing yourself of the Website you agree to release and hold Neptune & Co. and the employees, officers, directors, shareholders, agents, representatives of Neptune & Co., its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Neptune & Co., any third-party providers or sources of information or data and legal advisers (collectively, “Neptune & Co. Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Neptune & Co. that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website; or (e) any printing or typographical errors in any materials associated with the Website. In addition, you agree to defend, indemnify and hold Neptune & Co. Affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Website, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL NEPTUNE & CO. BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF NEPTUNE & CO. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Accuracy of Billing and Account Information
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 that we make a change to or cancel an order, we may 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 discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on neptunenco.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Neptune & Co. product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, Neptune & Co. 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 cancelled, Neptune & Co. will issue a credit to your credit card account in the amount of the incorrect price.
Governing Law; Venue and Jurisdiction; Attorneys' Fees
The law of the State of California shall govern all questions concerning the construction, validity, and interpretation of these Terms & Conditions and the performance of any obligation imposed by these Terms & Conditions without regard to conflict of laws or where the claim arose, even if in a foreign country. You agree that any disputes shall be heard exclusively in the appropriate forum in California and waive any claim or defense that such forum in not convenient or proper. You agree that the proper state venue shall be in San Francisco County, California and the proper federal venue shall be in San Francisco County, California. In any legal action, the substantially prevailing party will be entitled to recover reasonable attorneys’ fees and costs including expert witness fees. You agree that any cause of action arising out of or in any way connected to the use of the Website must commence within one year after the cause of action arose or be forever barred.
Considerations for Non-U.S. Customers
Our headquarters are located in the United States, and the services are based in the United States. Please be aware that information you provide to Neptune & Co., or that Neptune & Co. obtains as a result of your use of the Website, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using our website, or by providing Neptune & Co. with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Modification of Terms and Conditions
From time to time Neptune & Co. may modify these Terms & Conditions in its sole discretion. When such modification is made, Neptune & Co. will post a revised version of these Terms & Conditions on the Website. Modifications will be effective when they are posted. Neptune & Co. is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms & Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
Questions Regarding this Agreement
If you have any questions regarding this Agreement, you may contact email@example.com.