Terms of Service


Thank you for visiting our website (the "Website"), which is owned and operated by Erradical Tides, LLC (including its affiliate, "Merbonga"). Your use and access of the Website and/or purchase of products from the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the Website or any services offered by the Website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new products or features added to the current store shall also be subject to the Terms of Service.

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.  

 

ONLINE STORE; PRODUCTS AND SERVICES; PRICES

This store is hosted on Shopify Inc, which provides Erradical Tides, LLC with the online e-commerce platform that allows our products to be sold to you. All descriptions of products, product pricing or modifications or discontinuations of the Service (or any part or content thereof) are subject to change at any time without notice, at the sole discretion of Erradical Tides, LLC. Erradical Tides, LLC shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service and reserves the right to limit the quantities of any products or services offered.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Erradical Tides, LLC has made every effort to display as accurately as possible the colors and images of the products. Erradical Tides, LLC cannot guarantee the color accuracy of the computer monitor's display that is used to view these products.

Erradical Tides, LLC reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

BILLING AND ACCOUNT INFORMATION

Erradical Tides, LLC reserves the right to refuse any orders placed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that an order is changed or cancelled, Erradical Tides, LLC may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Erradical Tides, LLC reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

 

INTELLECTUAL PROPERTY OWNERSHIP

Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the "Content") are owned by Erradical Tides, LLC (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Erradical Tides, LLC and you, all right, title and interest in and to the Content will at all times remain with Erradical Tides, LLC and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of Erradical Tides, LLC.

 

LIMITED USE; RESTRICTIONS ON USE

You are permitted to use the Content and/or any services and products on the Website for lawful purposes as provided in the Terms of Service only; any other use or misuse of any Content is strictly prohibited. Erradical Tides, LLC grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense and for personal use only, under the following conditions: you shall not, without the express written consent of Erradical Tides, LLC: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Erradical Tides, LLC in metatags, keywords and/or hidden text, (c) reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, (d) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (e) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Erradical Tides, LLC, the Owner, or any third party referenced therein. Erradical Tides, LLC reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Erradical Tides, LLC’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Erradical Tides, LLC may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

We reserve the right to refuse service to anyone for any reason at any time.

 

SOCIAL MEDIA SITES AND THIRD-PARTY LINKS

From time to time, the Website may include features and functionality that allow you to interact with other sites that are not under our control ("Linked Site"), including various social media websites ("Social Media Sites"). Erradical Tides, LLC provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Erradical Tides, LLC is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon Erradical Tides, LLC or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Erradical Tides, LLC (if any) or any consideration you may receive from Erradical Tides, LLC in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Erradical Tides, LLC or any of its products on any Social Media Site regardless of any material connection you may have with Erradical Tides, LLC or your receipt of any consideration.

IF YOU MAKE ANY CLAIM REGARDING Erradical Tides, LLC OR ANY OF Erradical Tides, LLC’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT Erradical Tides, LLC, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

By using this site and/or posting on social media platforms relating to Erradical Tides, LLC or its affiliates, you: (a) direct Erradical Tides, LLC to store any comments, images, or other content that you post or submit ("Submissions"), (b) grant Erradical Tides, LLC an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the submission into Content that may be commercial in nature. In addition, since information on this site is public and for every user to access, you acknowledge that you do not have any expectation of privacy in relation to your Submissions. Finally, you are expressly prohibited from submitting any of the following ("Prohibited Submissions"):

  • Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, or drug use;
  • Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
  • Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Erradical Tides, LLC or its affiliates or its users to any harm or liability of any type.

 

SUBMITTED IDEAS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to Erradical Tides, LLC or its affiliates.

We ask that you never submit an idea that you consider to be confidential and/or proprietary. If you chose to ignore this request and submit any ideas or information, please be aware that, except with respect to your personally identifiable information, (which is governed by our Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Erradical Tides, LLC. Further, you understand and acknowledge that Erradical Tides, LLC employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your suggestions and that Erradical Tides, LLC is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Erradical Tides, LLC assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion.  Without limitation, Erradical Tides, LLC shall exclusively own, and you hereby irrevocably transfer and assign to Erradical Tides, LLC, all now known or hereafter existing rights in and to the suggestion, and Erradical Tides, LLC shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

 

NO ARCHIVE

Even if this Website includes features and functionality that permit you to upload certain Submissions to our services or systems, this Website is not and shall not function as an archive. Erradical Tides, LLC shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

 

UNITED STATES ONLY

By using the Website, you agree and acknowledge that the Website is hosted in the United States.  If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Service, and the Erradical Tides, LLC Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California.  Any claim or dispute between you and Erradical Tides, LLC that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California, U.S.A.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

DISCLAIMERS

Erradical Tides, LLC reserves the right to change any part of the Website at any time without notice, subject to the “NOTICE” provision set forth below.

If this product is being used to facilitate the consumption of alcohol, the individual consuming alcohol legally must be twenty-one (21) years or older.

 

LIMITATION OF LIABILITY

Neither Erradical Tides, LLC, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event of gross negligence or willful misconduct.  The foregoing shall apply even if Erradical Tides, LLC was advised of the possibility of such damages.  If you become dissatisfied in any way with the Website Terms of Service or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services.  You hereby waive any and all claims against Erradical Tides, LLC and its affiliates, agents, representatives and licensors arising out of your use of the Website— except in the event of gross negligence or willful misconduct.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The service and all products and services delivered to you through the service are (except as expressly stated by Erradical Tides, LLC) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Erradical Tides, LLC and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ERRORS AND OMISSIONS

Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Erradical Tides, LLC reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Product/Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

Erradical Tides, LLC is committed to respecting and protecting the legal rights of copyright owners. As such, Erradical Tides, LLC adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to Erradical Tides, LLC’s designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Erradical Tides, LLC’s Copyright Agent to receive DMCA Takedown Notices is: email: merbonga@gmail.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Erradical Tides, LLC to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

 

NO FRAMING; LINKS; THIRD PARTY SITES

Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from Erradical Tides, LLC.

 

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service.  If under the age of 18, you affirm that you have obtained approval of a parent or guardian to abide by and comply with the Terms of Service.

 

ASSIGNMENT

The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Erradical Tides, LLC without restriction.

 

NOTICE

From time to time, Erradical Tides, LLC may revise these Terms of Service.  To help you stay current of any changes, Erradical Tides, LLC notes the date the Terms of Service was last updated.  Your use of the Website following the posting of any revised Terms of Service shall be deemed acceptance of the revised policy.  Erradical Tides, LLC strongly recommends checking Terms of Service periodically.

WAIVER

Erradical Tides, LLC’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.  A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.