terms of use
O SEA
WEBSITE TERMS OF USE AND SERVICE
Last Updated: May 21, 2020
These Website Terms of Use and Service (these “Terms”) form a binding agreement between you and OSEA1, LLC d/b/a O SEA (“O SEA”, “we”, or “us”). These Terms set forth the terms and conditions governing your use of the website owned and operated by O SEA, located at https://www.eatosea.com (the “Site”) and any services provided by O SEA via the Site (collectively the “Service”). These Terms apply to all users of the Service, including without limitation users who are browsers of the Site, vendors, customers, or merchants of O SEA, or contributors of content to the Service.
Please read these Terms carefully. By accessing the site or using the Service you represent to O SEA that you have read, understand, and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use any portion of the Service.
MODIFICATIONS
We may modify these Terms at any time by any means of notice deemed to be reasonable under the circumstances, in our sole discretion, including by posting the revised version to the Site or any Application, as applicable (each a “Revised Version”) on the Site. Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use of the Service after you receive any such notification of a Revised Version constitutes your acceptance of such Revised Version. Please regularly check the site to view the then-current items.
CAPACITY TO AGREE
By agreeing to these Terms, you represent that you are at least the age of majority in your state of province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Service.
OUR PRODUCTS
Products: The Service enables O SEA to offer, to you and other users, various food, beverage, and other related products (collectively the “Products”). The Products advertised or otherwise made available for purchase via the Service or any Third-Party Service are determined solely by O SEA. We reserve the right to modify, discontinue, suspend or otherwise limit the sales of any of our Products to any person, based on geographic region, jurisdiction, availability or otherwise, and you acknowledge that we may exercise this right on a case-by-case basis. O SEA will have no liability to you or to any third party for any such modification, discontinuation, suspension, limitation, or unavailability of any Products.
Product Pricing: Any Product pricing listed on any part of the Service or any Third-Party Service (each defined below) is subject to change without notice to you. O SEA reserves the right to, at any time, modify such pricing, for any Product, without advance notice to you. We will not be liable to you or to any third party for any such modification.
THIRD-PARTY SERVICES, LINKS, AND MATERIALS
Third-Party Services: We may provide you with access, via the Service, to certain tools and services provided by third parties, including any Delivery Services (defined below) (each a “Third-Party Service”). You acknowledge that we neither monitor nor have any control over any Third-Party Service and agree that your use of any Third-Party Services offered through the Service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and conditions upon which such Third-Party Services are provided by the relevant third-party provider (“Third-Party Terms”). Any Third-Party Service to which we provide you access, whether via a hyperlink provided via the Service, is provided by O SEA “as is” and “as available”, without any warranties, representations, or conditions of any kind and without any endorsement by us. O SEA will have no liability whatsoever arising from or relating to your use of any Third-Party Services.
Third-Party Links; Third-Party Materials: We may, via hyperlinks provided through the Service (“Third-Party Links”), provide you with the ability to access certain third-party websites and content owned or offered by third-parties (“Third-Party Materials”). Any Third-Party Links you click on via the Service may direct you to Third-Party Materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any Third-Party Materials. We are not liable for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with any Third-Party Links or Third-Party Materials. Please review carefully the applicable third-party’s policies and practices and make sure you understand them before you engage in any such transaction. Complaints, claims, concerns, or questions regarding any Third-Party Services, Third-Party Links, or Third-Party Materials should be directed to the applicable third party.
Delivery Services: Any delivery service you use to order Products from O SEA, whether accessed through a Third-Party Link or otherwise (each a “Delivery Service”), is at your sole discretion. All Delivery Services are subject to only the terms and conditions provided by the provider of such Delivery Service, and O SEA will have no liability to you for issues that may arise from your use of any such Delivery Service.
USER CONTENT
Personal Information: Your submission of personally identifiable information (“PII”) via the Service is governed by our Privacy Policy.
User Comments: You may be provided the ability to upload to the Service or otherwise submit to O SEA, with or without our request, whether online, by email, by postal mail, or otherwise, certain content, including feedback, recommendations, reviews, suggestions, proposals, plans, creative ideas, or other materials, whether your original content or that of a third party (collectively “User Comments”). You agree that O SEA may use User Comments without restriction at any time, including but not limited to editing, copying, publishing, distributing, or translating such User Comments, in any form or medium. O SEA is and will be under no obligation to (1) maintain any User Comments in confidence; (2) pay compensation to you or any third party for use of any User Comments; or (3) respond to any User Comments.
User Content: You represent and warrant to O SEA that any PII or User Comments (collectively, the “User Content”) you upload to the Service or otherwise submit to O SEA will not violate any right of any third-party, including any copyright, trademark, or other intellectual property right or any privacy, personality or other personal or proprietary right of a third party. You further agree that any such User Content will not contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of any part of the Service. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for the truthfulness and accuracy of any User Content you provide via the Service, and O SEA disclaims any and all responsibility and liability for any such User Content.
INTELLECTUAL PROPERTY OWNERSHIP
Except for any PII and User Content (subject to the rights granted to O SEA with respect hereto), you provide to O SEA via the Service, you agree that O SEA owns all rights, title, and interest in and to all other content included in any and all parts of the Service, and that all trademarks, service marks, trade names, brand names, logos, and other source identifiers related thereto or included therein (“Marks”) that appear on or in connection with any Products or any part of the Service are exclusively the property of O SEA and its affiliates, licensors (including O SEA) or licensees, as applicable. You are not authorized to use any Marks in any manner other than as expressly permitted in writing by O SEA.
TERM; TERMINATION
These Terms will remain effective unless and until terminated by either you or O SEA. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Service. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, O SEA may suspend your ability to use any or all parts of the Service or may terminate these Terms, in our sole discretion, effective immediately, with or without notice to you. Upon termination of these Terms, your right to use the Service will automatically terminate immediately. O SEA will not have any liability whatsoever to you for any such suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
DISCLAIMER OF WARRANTIES
You expressly agree that use of the Service is at your own risk. All parts of the Service are provided on an “as is” and “as available” basis. O SEA expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. O SEA makes no warranty that any part of the service will meet your requirements or be uninterrupted, timely, secure, or error-free. You understand and agree that any Products you obtain through use of the Service are obtained at your own risk, and O SEA makes no warranty regarding any dealings with or transactions entered into with any other parties through the service, obtained by you from O SEA or otherwise through the service will create any warranty not expressly disclaimed. Certain state laws do not permit limitations on or disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you. In that event, the disclaimers shall be applicable to the fullest extent permitted by applicable law.
LIMITATIONS OF LIABILITY
You understand and agree that, to the extent permitted under applicable law, in no event will O SEA or its respective officers, directors, employees, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (even if such parties were advised of the possibility of such damages), arising out of or related to your use of the Service or your purchase of any Products, including without limitation, any gift cards, via the Service or any third-party service, regardless of whether such damages are based on contract, tort or otherwise. Under no circumstances will the aggregate liability of O SEA to you for any and all claims arising from or related to your use of the service or your purchase of any Products, including, without limitation, any gift cards, via the Service or any third-party service, exceed one hundred dollars ($100). The parties acknowledge and agree that the limitations of liability set forth in this Limitations of Liability Section reflect the allocation of risk agreed upon as reasonable by the parties and that the parties would not have entered into this agreement without these limitations of liability included. Some jurisdictions do not allow the limitation of liability or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. To the extent that we may not, as a matter of applicable law, limit or exclude our liability, the extent of our liability shall be the minimum permitted under such applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless O SEA and its agents, employees, representatives, licensors, affiliates, officers, and directors, from any against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the Service; (b) any information you submit or transmit through the Service, including any User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party in connection with your use of the Service; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Service.
MISCELLANEOUS
Governing Law: These Terms shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws.
Notice: Where O SEA requires that you provide an email address, you are responsible for providing O SEA with your most current email address. In the event that the last email address you provided to O SEA is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, O SEA’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to O SEA only at the following address:
OSEA1, LLC d/b/a O SEA
109 S Glassell St
Orange, CA 92866
Please send a copy to hello@eatosea.com. Such notice shall be deemed given when received by O SEA by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver: Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability: If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
Electronic Communications: The communications between you and O SEA use electronic means, whether you visit the Service or send O SEA emails, or whether O SEA posts notices on any part of the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from O SEA in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that O SEA provides to you electronically satisfy all legal requirements that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release: You hereby release O SEA, its affiliates and each of their officers, directors, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that is either directly or indirectly related to arises from your use of the Service, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if know by him or her, would have materially affected his or her settlement with the debtor or released party.”
Assignment: The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without O SEA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of O SEA’s rights and obligations hereunder may be assigned to a subsequent owner or operator in a merger, acquisition, or sale or all or substantially all of O SEA’s assets.
Force Majeure: O SEA shall not be liable for any delay or failure to perform resulting from causes outside of reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the internet, or shortages of transportation facilities, fuel, energy, labor, or materials.
Questions, Complaints, Claims: If you have any questions or complaints with respect to the Site, Service, or Products provided by O SEA, please contact us by writing to:
OSEA1, LLC d/b/a O SEA
109 S Glassell St
Orange, CA 92866
Please send a copy to hello@eatosea.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Consumer Complaints: In accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
Entire Agreement: The Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.