Terms of Use
Last updated: May 15, 2024
Fish and Coral Store LLC and its affiliates and subsidiaries (hereinafter “Fish and Coral Store”) welcome you to FishandCoralStore.com. By clicking or tapping “Sign In”, “Create Account”, “Place Order” or entering or otherwise using our website, fishandcoralstore.com or our blogs (collectively the “Site”), you agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” or “Terms”). Certain products, programs and services on our Site (the “Products”) may have additional terms and conditions that apply (for example, if you subscribe to Affirm, you also will be subject to the Affirm Terms of Service). If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control. By using the Fish and Coral Store, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.
Please read these terms carefully.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use our Site, or send e-mails, text messages, chat, use video calling and other communications from your desktop or mobile device to us, you are 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. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
COPYRIGHT
All content included in or made available through Fish and Coral Store, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Amazon or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Amazon Service is the exclusive property of Amazon and protected by U.S. and international copyright laws.
YOUR ACCOUNT
In order to use certain features of the Site and make purchases or use other services on the Site, you may register for an account with Fish and Coral Store (“FCS Account”) or you may proceed with your purchase using our guest checkout. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us in the FCS Account, guest checkout or otherwise. If there is a problem charging your selected payment method in your FCS Account, we may charge any other valid payment method associated with your FCS Account.
You agree not to purchase any goods or services or register an FCS Account using a false identity or information or on behalf of someone other than yourself.
You are responsible for maintaining the confidentiality of your FCS Account login information.
You are fully responsible for all activities that are associated with your FCS Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Fish and Coral Store of any unauthorized use or suspected unauthorized use of your FCS Account or any other actual or potential breach of security.
PROMOTIONS
From time to time we may offer promotions, including discounts, special pricing, free or reduced price shipping, or other incentives. If a promotional code is required to take advantage of a promotion, such codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code. Fish and Coral Store further reserves the right, in its sole discretion, to determine your eligibility for a promotion and prevent you from taking advantage of such promotion.
PRODUCT DESCRIPTIONS
Fish and Coral Store attempts to be as accurate as possible. However, Fish and Coral Store does not warrant that Product descriptions, depictions, colors, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a Product offered by Fish and Coral Store is not as described, your sole remedy is to return the Product. See our Return Policy for details.
FISH RESERVATION POLICY
Please review our Fish Reservation Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.
SHIPPING POLICY
Please review our Shipping Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.
RETURN POLICY
Please review our Return Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.
LIMITATION ON LIABILITY
In no event shall Fish and Coral Store, LLC be liable to its customers or any third parties for any special, consequential, incidental, punitive, or indirect damages arising from or relating to the purchase and/or delivery of fish, corals, invertebrates, or aquarium supplies. In no event shall Fish and Coral Store, LLC be liable for more than the purchase price paid.
INDEMNITY
You agree to indemnify and hold Fish and Coral Store, LLC harmless from any claim or demand, including for any related costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Site or Products, (b) your User Content, (c) your violation of these Terms, or (d) your interaction with such independent contractors or reliance on any advice provided by them. Fish and Coral Store, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fish and Coral Store, LLC. Fish and Coral Store, LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.