Thanks for using The Beach Nut, LLC (hereafter “Beach Nut,” “we,” “us,” or “our”). Beach Nut offers its goods and services through the Beach Nut website, www.shopbeachnut.com (the “Website”).
We may revise and update these Terms from time to time. All changes are effective when posted here, and apply to all access to and use of the Website after they are posted. Your continued use of the Website after the revised Terms are posted means that you accept and agree to the changes. You should check these Terms from time to time to ensure you are aware of any changes.
Beach Nut’s Website
This Website and the services provided to you on and via our Website are provided on an “AS IS” basis. You agree that Beach Nut reserves the right to modify or discontinue provision of the Website, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Beach Nut will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
To use the Website, you must
be able to form a legally binding contract with us;
be over the age of 13;
reside in the United States, its territories, or possessions; and
not have had a previous Beach Nut account disabled by Beach Nut.
If you do not meet all of these requirements, you may not access or use the Website.
Your Responsibilities and Registration Obligations
In order to use the Website or certain parts of it, you may be required to register for a user account on the Website. In this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to these Terms, including any amendments made by Beach Nut that are published herein.
We have implemented Google Analytics features based on Display Advertising (Google Analytics Demographics and Interest Reporting). You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. In addition, you can use the Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics. We will use the data provided by Google Analytics Demographics and Interest Reporting to develop the Website and content around our users’ interests.
Registration and Password
When you create an account, you will choose or be provided with, a user name, password, or information that you will use to secure your Account (“User Credentials”). You are responsible for maintaining the confidentiality of your User Credentials, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Beach Nut of any unauthorized use of your user account, user name, or password.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video, or other materials (“User Content”), made available publicly or privately, will be under the sole responsibility of the person providing the said User Content, or of the person whose user account is used. You agree that the Website may expose you to User Content that may be objectionable or offensive. Beach Nut will not be responsible to you in any way for content displayed via the Website, nor for any error or omission. All User Content must comply with the Content Standards set out in these Terms. You retain all rights in, and are solely responsible for your User Content, subject to the rights you grant in accordance with these Terms.
By using the Website provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national, or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use the Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the Website to promote or operate any service or content without Beach Nut’s prior written consent;
(e) you will not provide any content that may give rise to Beach Nut being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
Submission of Content Through the Website
By providing any User Content:
(a) you agree to grant Beach Nut a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part of the User Content. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Beach Nut the license specified in this section 8;
(c) you acknowledge and agree that Beach Nut will have the right (but not obligation), at Beach Nut’s entire discretion, to refuse to publish, or to remove, or to block access to any User Content you provide, at any time and for any reason, with or without notice;
(d) you acknowledge and agree that User Content is non-confidential and non-proprietary;
(e) you acknowledge and agree that all of your User Content does and will comply with these Terms;
(f) you acknowledge and agree that nothing in these Terms restricts other rights Beach Nut may have to User Content;
(g) you acknowledge and agree that Beach Nut reserves the right to remove, modify, or take any other action with respect to User Content, including changing the way it is used in Beach Nut for any reason, that Beach Nut deems in its sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Beach Nut or the public, or could create liability for Beach Nut; and
(h) you acknowledge and agree that Beach Nut may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
These “Content Standards” apply to any and all User Content and use of the Website. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
No Responsibility for User Content
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and other users are responsible for any User Content they submit or contribute. Beach Nut is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of Beach Nut’s Website.
While we reserve the right to, we cannot and do not undertake to review material before it is posted on Beach Nut, we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Surviving Nature of Content
After termination or deactivation of your Beach Nut account, or if you remove any specific User Content from Beach Nut, we may keep the User Content, and it will remain in Beach Nut for backup, archival, or audit purposes but will not be visible on or accessible through your account. Beach Nut and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have copied, downloaded, posted, shared or otherwise made available in other locations while you had it available on your Beach Nut account.
Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Beach Nut may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain content on the Website; (b) send emails or other communications with certain content or links to certain content on the Website; (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking; (c) link to any part of the Website other than the homepage of the Website; (d) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. We reserve the right to withdraw linking permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.
If you provide Beach Nut with feedback, comments, or ideas about features, functionality, improvements, modifications, or other products or services provided by Beach Nut, you agree that we can use them without any restrictions or any compensation to you. By accepting your submitted feedback, comments, or ideas, Beach Nut does not waive any right to use similar or related feedback, comments or ideas previously known or provided to Beach Nut, or developed by its employees, other users, or other sources.
You are responsible for both making all arrangements necessary for you to access Beach Nut and for ensuring that all persons who access Beach Nut through your Internet connection or access credentials are aware of and comply with these Terms.
You acknowledge and agree that Beach Nut may suspend or terminate your right to access or use the Website immediately and without notice if we have reason to believe you have violated these Terms or any of our other policies or applicable law. Upon suspension or termination of your access to the Website, you continue to be bound by these Terms and the policies and procedures incorporated herein by reference until fully performed.
Beach Nut uses commercially reasonable safeguards to help keep User Content and accounts secure and requires User Credentials to verify your identity before granting you access to your account. Despite these steps, the security of information transmitted over the Internet can never be fully secured, and Beach Nut cannot ensure the security of any information you transmit or guarantee that information on the Website may not be accessed, disclosed, altered, or destroyed.
You acknowledge and agree that Beach Nut may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have and reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND AGREE TO HOLD HARMLESS Beach Nut AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You agree to indemnify and hold harmless Beach Nut and Beach Nut’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, costs, and expenses, that may be filed by any third party, arising out of your conduct or connection with the Website, your provision of User Content, your violation of these Terms, or any other violation by you of the rights of another person or party (including reasonable attorneys’ fees).
Disclaimer of Warranties & Non-Reliance
You understand and agree that your use of the Website and any provided content is at your own risk. The information presented on or through the Website is made available solely for general information purposes. The Website and content are provided to you “as is,” and Beach Nut expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Beach Nut, or by anyone who may be informed of any of its contents.
Beach Nut makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Beach Nut nor any participant in the Website provide professional advice of any kind and that any advice or any other information obtained via the Website may be used solely at your own risk, and that Beach Nut will not be held liable in any way.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purposes. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as it regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
Beach Nut may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Beach Nut, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Beach Nut. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
To the maximum extent permitted by law, you expressly understand and agree that Beach Nut shall not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Beach Nut has been advised of the possibility of such damages), resulting from (i) the use of the Website or the inability to use the Website, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into through the Website, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using the Website, or (v) any other matter relating to the Website. IN NO EVENT SHALL Beach Nut’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO Beach Nut EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
Intellectual Property Rights
The Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Beach Nut, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use Beach Nut for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except (a) to temporarily store copies of materials on your computer incidental to your use of the Website; (b) to store files that are automatically cached by your web-browser for display purposes; and (c) to print or download one copy of a reasonable number of pages from the Website for your own personal use (if you have created an account on behalf of an entity, personal use means internal business use only). If we provide social media features with certain content, you may take such actions as are enabled by those social media features.
You must not (a) modify any materials on the website; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; (d) use the Website in any way that violates any applicable federal, state, local, or international law or regulation, for the purpose of exploiting, harming, or attempting to exploit or harm minors; for sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with our content standards set out in these Terms.
The Beach Nut name, the Beach Nut logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Beach Nut or its affiliates or licensors. You must not use such marks without the prior written permission of Beach Nut. All other names, logos, product and service names, designs, and slogans used on the Website are the trademarks of their respective owners.
Reservation of Rights
Beach Nut reserves all of Beach Nut’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Beach Nut may have in respect of the Website, their content, and goods and services that may be provided. The use of Beach Nut’s rights and property requires Beach Nut’s prior written consent. By making services available to you, Beach Nut is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Website without Beach Nut’s prior written consent.
All photographs displayed on Beach Nut’s Website are original works of authorship owned and copyrighted by Beach Nut. Absent express permission of Beach Nut, you may not copy, display, reproduce, distribute, use for commercial gain, or otherwise exploit said photographs. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will immediately cease and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Beach Nut or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Beach Nut. Any use of Beach Nut not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Notification of Copyright Infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Beach Nut’s copyright agent may be contacted via email: [email protected]
For any dispute you have with Beach Nut, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address associated with your Beach Nut account. If Beach Nut has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Beach Nut agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Beach Nut will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Website. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Beach Nut ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Beach Nut is not arbitrable under applicable laws or otherwise: you and Beach Nut both agree that any claim or dispute regarding Beach Nut will be resolved exclusively in accordance with these Terms.
You agree that these Terms and any dispute arising out of your use the Website provided will be governed by and construed in accordance with the laws of the State of Virginia, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Virginia Beach, Virginia, or the United States District Court for the Eastern District of Virginia and our dispute will be determined under Virginia law.
(i) In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable;
(ii) The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect;
(iii) You agree that any claim or cause in respect of the Website must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;
(iv) Beach Nut may assign Beach Nut’s rights and obligations under these Terms; in this event, Beach Nut will be relieved of any further obligation.
Changes to the Website
We reserve the right to modify, enhance or otherwise change Beach Nut’s services and its offerings at any time in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website, or all of the Website, to users. While we may update the Website from time to time, its content (particularly User Content) is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such materials.
Changes to the Terms and Notifications
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use the Website after revisions become effective, you agree to be bound by these Terms.
Beach Nut is based in the State of Virginia in the United States. We provide the Website for use only by persons located in the United States, and we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access Beach Nut from outside the United States, you do so on your own initiative and you are responsible for compliance with all local laws and ordinances.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Beach Nut without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. In case of such an assignment by Beach Nut, you are entitled to immediately terminate your relationship with Beach Nut by deactivating your account. Beach Nut will provide you with reasonable notice of any such assignment.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Beach Nut’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Please direct any feedback, comments, requests for technical support, and other communications relating to Beach Nut to [email protected]
Revised: June 10th, 2021