Posted as of August 23, 2023
• KT means King Tide, LLC, and/or its affiliates.
• KT Entities means KT and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
• KT Site means kingtidegear.com.
• We means King Tide, LLC and/or its affiliates.
• You or Your means you, the user of the KT Site.
• Content means merchandise, images, artwork, product information, product descriptions, reviews, videos, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials).
3. YOUR USE OF THE KT SITE. You certify that the Content you provide on or through the KT Site is accurate and that the information you provide is complete. You are solely responsible for maintaining the confidentiality and security of your account including any username or password, if applicable. KT is not responsible for any losses arising out of the unauthorized use of your account. You agree that KT does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the KT Site. You agree that KT is not a party to any such agreement, nor is KT responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may change, restrict access to, suspend, or discontinue the KT Site or any portion of the KT Site.
You agree that you will not make available Content in connection with the KT Site that:
• is false, fraudulent, inaccurate, or misleading;
• contains your full name(s), or any other confidential personally identifiable information of yourself or others;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including KT), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by KT in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from KT;
• disparages, tarnish, or otherwise harm, in our opinion, us and/or the KT Site;
• contains or relates to junk mail, surveys, spam, chain letters, pyramid schemes or any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing visitors to a location for more information about a product or service or create user accounts by automated means or under false pretenses;
• impersonates another business, person, or entity, including KT, its related entities, employees, and agents;
• violates any policy posted on the KT Site;
• that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); or
• is intended to cause harm, damage, disable, or otherwise interfere with the KT Site or our partners.
4. PROHIBITED ACTIVITIES. As a user of the KT Site, you agree not to:
• Systematically retrieve data or other Content from the KT Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Make any unauthorized use of the KT Site, including collecting and/or storing usernames, email addresses and/or personal data of users by electronic or other means;
• Make the KT Site available over a network or other environment permitting access or use by multiple devices or users at the same time;
• Use the KT Site to advertise or offer to sell goods and services;
• Circumvent, bypass, disable, or otherwise interfere with security-related features of the KT Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the KT Site, any portion of the KT Site and/or the Content contained therein;
• Engage in unauthorized framing of or linking to the KT Site;
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• Make improper use of our support services or submit false reports of abuse or misconduct;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, spiders, robots, or similar data gathering and extraction tools;
• Interfere with, disrupt, or create an undue burden on the KT Site or the networks or services connected to the KT Site;
• Attempt to impersonate another user or person or use the username of another user;
• Sell or otherwise transfer your profile;
• Use the KT Site as part of any effort to compete with us, directly or indirectly, or otherwise use the KT Site and/or the Content for any revenue-generating endeavor or commercial enterprise or in any way create a substitute for the KT Site;
• Decipher, decompile, disassemble, reverse engineer, attempt to derive the source code of, or decrypt any of the software comprising or in any way making up a part of the KT Site;
• Delete, alter or obscure the copyright or other proprietary rights notice from any KT Site or Content;
• Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices; or
• Obtain or take advantage of an account discount offer through improper means, should you be entitled to receive account discounts through proper channels, such as through our affiliates or third-party service providers.
6. ELECTRONIC COMMUNICATIONS. When you use KT Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. USER COMMENTS. KT welcomes your comments about the KT Site and Content. However, any comments, reviews, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to the KT Site shall be and remain the exclusive property of KT. Your submission of any such Comments shall constitute an assignment to KT of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. KT will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any original creative materials such as stories, product ideas, computer code or original artwork or Prohibited Content.
No license, right, title, or interest in the KT Site or any Content or IP is transferred to you as a result of your use of the KT Site or your accessing, viewing, downloading, or printing of the Content. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the part of the KT Site. The KT Site and Content may be used only as a personal entertainment and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the KT Site and the Content is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the KT Site and Content is the exclusive property of KT and is also protected by U.S. and international copyright laws.
KT names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the KT Site are trademarks or trade dress of KT in the U.S. and other countries. All other marks are the property of their respective companies.
10. MAKING A CLAIM OF COPYRIGHT INFRINGEMENT. KT respects the intellectual property of others. If you believe that your work has been copied and is accessible on the KT Site in a way that constitutes copyright infringement, please send a takedown notice to firstname.lastname@example.org with the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon;
• Identification in sufficient detail of the material being infringed upon;
• Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that KT is capable of finding and verifying its existence;
• Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting the web host on the owner’s behalf, the address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
11. MERCHANDISE. The Site may make available various products for sale (collectively, “Products”). Such Products may be made available by KT. KT makes no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information, pricing and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We may sell Products for children’s use; however, these Products are intended for sale to adults.
KT has no liability to you for content on the KT Site that you find to be offensive, indecent, or objectionable.
KT is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any KT Entity, our advertisers, or other third parties to whose sites may We link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on KT Site, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. If you find a Product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with KT’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card or PayPal account.
13. PRICING INFORMATION; AVAILABILITY. KT cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the KT Site or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. KT reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from KT. KT may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the KT Site or from prices available in KT stores or on KT Apps.
14. SHIPPING. KT may ship via United States Postal Service First Class Mail, UPS, FedEx or another provider (the “Carriers”.) KT is not responsible for any delays or damage on behalf of the Carriers.
Our carrier of choice is USPS. When standard shipping is used, your Merchandise should arrive within 7-10 business days. We ship Monday – Friday. If you need your order by a specific date, FedEx or UPS will be used for expedited shipping upon payment for the service upgrade. For international orders, call us as the carrier and pricing will vary depending upon your location.
Contact us: Service@KingTideGear.com or call (772) 919-2180 for assistance!
15. RETURN POLICY. KT will gladly issue a refund on any Products. Merchandise must be returned in the same condition it was received (clean, unused, unwashed and with the original tags and packaging intact). Please contact us at Service@kingtidegear.com within 21 days of receipt of your order to commence a return. Please indicate in your email whether you would like to return or exchange the Product. KT is not responsible for return shipping charges (all shipping charges are Your responsibility). Upon receipt of your returned item, we will issue a refund for the Product purchase price (excluding shipping) in the same form of payment used for the purchase. We will notify you once we have received and inspected your return. Once approved, We will strive to refund your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund.
Please send returns to:
KING TIDE LLC
7879 SE Sandshoal Way
Hobe Sound, FL 33455
• Exceptions/ non-returnable items. Certain types of items cannot be returned, custom products (such as special orders or personalized items). There is a separate process for custom items that includes providing proofs for review and approval by the purchaser. Unfortunately, we cannot accept returns on sale items or gift cards.
o European Union 14 day cooling off period. Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
19. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, KT WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE KT SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A KT ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO KT ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE KT SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO KT ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE KT SITES.
21. DISPUTES & ARBITRATION; APPLICABLE LAW. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Using or accessing the KT Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and KT will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
22. NOTICE TO CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the KT Site is Shopify. To file a complaint regarding the KT Site or to receive further information regarding use of the KT Site, send a letter to the above address or contact KT via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.