Introduction

Welcome to the Coral Bay® website at coral-bay.shop (the “Site”). This Site is operated by Coral Bay LLC (“Coral Bay”, “we” or “us”). These Terms of Use (“Terms”) govern your use of the Site.

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Use of Site

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable license to use the Site solely for your personal, noncommercial use.

Restrictions on Use

You agree not to use or launch any automated system, including without limitation robots, spiders or offline readers that access the Site. You agree not to collect or harvest any personally identifiable user data from the Site, use communication systems provided by the Site for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Site with respect to their submissions, solicit other websites to link to the Site, frame any portion of the Site, post any user’s personally identifying information through the Site, act in any way that negatively affects other users’ ability to engage in real time exchanges or utilize the Site, or attempt to gain unauthorized access to the Site.

You agree not to use the Site to:

• violate any laws, regulations, rules, codes of conduct, or other guidelines;
• defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• upload, post, email or transmit or otherwise make available viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
• upload, post, email or transmit or otherwise make available content that impersonates another person or otherwise misrepresents your affiliation with a person or entity;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• upload, post, email or transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• use any meta tags, pay-per-click advertising, sponsored links, affiliate links, email marketing or any other advertising without our express written consent;
• collect, use, or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
• circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or that enforce limitations on use;
• use any data mining, robots or similar data gathering or extraction methods;
• manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage;
• attempt to probe, scan, or test the vulnerability of any Coral Bay system or network or breach any security or authentication measures; or
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Site.

Your Account and Registration Obligations

You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You are solely responsible for the content of your submissions through the Site. By submitting information, you represent and warrant that the information is truthful and accurate and that use of the information you supply does not violate these Terms and will not cause injury to any person or entity.

Privacy Policy

Please review our Privacy Policy for information about how we collect, use and disclose information about you. You understand that through your use of the Site you consent to the collection and use of this information as set forth in our Privacy Policy.

Intellectual Property Rights

The content on the Site, including without limitation text, graphics, logos, images, as well as the compilation thereof and the “look and feel” of the Site, is our property or the property of our suppliers and licensors and is protected by U.S. and international copyright laws.

The Coral Bay name, logo, trade dress and all related product and service names, design marks and slogans are the trademarks and service marks owned and used by us. Any other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners. You do not acquire any ownership rights by using the Site or the content.

User Contributions

The Site may contain reviews, comments, photos, videos, and other content submitted by users or third parties (“User Contributions”). User Contributions do not reflect our views. We do not assume any responsibility or liability for User Contributions. We have the right (but not the obligation) in our sole discretion to monitor, refuse, move, or remove any User Contributions that come to our attention that we consider unacceptable or inappropriate, whether for legal or any other reasons.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site, its content, and User Contributions: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harmful, abusive, obscene, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, promotes the use of violence or illegal activities, or otherwise objectionable; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

Disclaimers of Warranties and Limitation of Liability

THE SITE, ITS CONTENT, USER CONTRIBUTIONS AND ANY SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY INFORMATION AVAILABLE THROUGH THE SITE. WE DO NOT ADOPT NOR ENDORSE, NOR DO WE ASSUME ANY RESPONSIBILITY FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT PUBLISHED THROUGH THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION PUBLISHED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE SITE.

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR ANY EMAIL SENT FROM US OR THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, AND/OR (VI) USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE OR ANY DISSATISFACTION WITH THE SITE IS TO DISCONTINUE USING THE SITE.

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE FOREGOING APPLIES TO ANY ACTS, OMISSIONS, NEGLIGENCE, MISCONDUCT OF US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “CORAL BAY PARTIES”).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold the Coral Bay Parties harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including any use of User Contributions, products or services.

Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice.

Modifications to Terms

We may revise and update these Terms from time to time. Your continued usage of the Site after any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you may not use the Site.

Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Tennessee without regard to conflict of law provisions. Any suit or cause of action you bring arising out of or relating to these Terms or the Site must be brought in a federal or state court located in Nashville, TN. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of such courts for any litigation arising out of or relating to use of the Site or any claim relating thereto.

Termination

We may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice. We reserve the right to immediately remove your profile and any content you have submitted if you violate these Terms. After termination, you will not have access to any premium services you may have signed up for.

The provisions relating to Copyrights, Trademark, Disclaimers, Indemnity, and Limitation of Liability shall survive any termination.

Entire Agreement

These Terms constitute the entire agreement between you and Coral Bay with respect to this Site and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to this Site.

Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please feel free to contact us at:

Coral Bay LLC
123 Coral Reef Drive
Miami Beach, FL 33139
Email: [email protected]