Privacy Policy

This Privacy Policy Statement sets forth the privacy policy pertaining to this Site, www.oceanearth.us which is owned by Eastern Skateboard Supply, Inc. (dba Ocean & Earth USA)(“O&E USA”). By using this Site, you are agreeing to the terms set forth in this Privacy Policy Statement. For other terms and conditions that apply to your use of the Site, please review our Legal Statement.

For purposes of this Privacy Policy Statement, “Personal Information” means any information by which you can be personally identified, and includes your name, your address, your telephone number, your e-mail address and the like. Some site pages may request Personal Information in order to help O&E USA serve you more effectively. O&E USA collects personal information only when you voluntarily submit such personal information to us, such as when placing a product order through the site.

For each visitor to the site, our web servers automatically recognize information regarding the visitor’s domain name (or that of the visitor’s access provider). Regardless of the purpose for which it is submitted, it is O&E USA’s policy to maintain all personal information as confidential, and to use such personal information only for the following purposes:

• for the specific purpose for which it was volunteered (for example, to complete a product purchase etc.);
• to improve the content, appearance and utility of the site;
• to track our visitors’ use of the site for internal market research; and
• to notify our visitors of updates to the site.
• to notify our visitors, via email, of product updates, tours, demos or anything else deemed relative to better serve the customer.

It is O&E USA’s policy to keep personal information only for so long as needed for such purposes. At any time, you may obtain a summary of the personal information on record with O&E USA, which has been collected about you via this site. Except for personal information we need to complete your purchase of products, you may request at any time that O&E USA dispose of any or all personal information about you. In addition, at any time you may request: (i) that O&E USA correct any such personal information; or (ii) that such personal information not be provided to third parties; or (iii) that such personal information be removed from O&E USA’s marketing databases. To make any request described above, send an e-mail to [email protected]. When contacting us, please be sure to provide us with your exact e-mail address, name, address and/or telephone number(s) in order to be sure we handle your request correctly.

O&E USA reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy Statement at any time. You should check this page periodically for changes. Your continued use of this site following the posting of changes to this Privacy Policy Statement will mean that you accept those changes.

Terms of Use

LEGAL STATEMENT

This legal statement contains the terms and conditions governing this Site, www.oceanearth.us. By using any portion of this Site, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use any Sites if you do not accept and agree to these terms and conditions. The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review, and the purchase of products.

OWNERSHIP

Eastern Skateboard Supply, Inc. (dba “Ocean & Earth USA”) owns all of the Site, and it is the seller of all merchandise purchased through this site. O&E USA owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Sites (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Sites (the “Code”). The Content and Code of the Sites are protected by copyright. Except as set forth above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Sites without the prior written agreement of O&E USA. You may not use the Content or Code from the Sites for any purpose other than those set forth above. All names, logos and trademarks which appear on the Sites are the property of O&E USA or are used by O&E USA under license. You may not use any of the foregoing for any purpose without the prior express written permission of O&E USA. Your failure to comply with this Legal Statement will constitute breach of contract and will violate O&E USA’s copyright, trademark and other proprietary and intellectual property rights.

NO LICENSE

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of O&E USA’s, its affiliates or any third party.

USE OF INFORMATION SUBMITTED BY YOU

Note: This section does not apply to personal data supplied by you to any Site, such as your name, address, e-mail address, telephone number and the like. Please see our Privacy Policy Statement for information regarding our treatment of personal data. If you respond to O&E USA with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of O&E USA, and your submission of information shall constitute an assignment to O&E USA of all worldwide rights, titles and interests in such information. O&E USA will not be liable for any use or disclosure of such information. O&E USA will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. O&E USA will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. O&E USA welcomes your comments and suggestions on its Site and products, but O&E USA does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that O&E USA may publish such information, use it as part of its operations, and incorporate its concepts in O&E USA products without liability.

PRODUCT AND PRICING INFORMATION

Although O&E USA has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor settings of the user and O&E USA cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. O&E USA is not responsible for typographical errors regarding price or any other matter. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.

DISCLAIMERS

O&E USA publishes information on its Sites as a convenience to its visitors. While O&E USA attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The O&E USA products described in its Site may not be available in your region. O&E USA does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions. O&E USA operates its Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. O&E USA makes no warranties of any kind regarding any non-O&E USA sites to which the user may be directed or hyperlinked from this Site. Hyperlinks are included solely for the convenience of the user, and O&E USA makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-O&E USA sites. Visitors assume all responsibility and risk with respect to their use of the Site. O&E USA disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. O&E USA does not warrant that the Site is free of computer viruses, bugs or other harmful components. O&E USA does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. O&E USA does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Sites. O&E USA does not have any duty to update its Site or modify the Content or Code, and O&E USA shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.

IN NO EVENT SHALL O&E USA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, O&E USA SITE.

No Implied Warranty. O&E USA GRANTS NO WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MERCHANDISE, ITS FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OR MERCHANTABILITY. O&E USA SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES, LOST PROFITS, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SERVICES HOWEVER CAUSED OR ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT. CUSTOMER AGREES THAT O&E USA’s LIABILITY UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR THE SUBJECT MERCHANDISE. THIS LIMITATION SHALL APPLY EVEN IF O&E USA HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY PROVIDED HEREIN.

Limitation of Liability. IN NO EVENT SHALL O&E USA BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM DELAYS OR SHIPMENT OF PRODUCTS, EVEN IF O&E USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL O&E USA’S LIABILITY FOR ANY PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO O&E USA FOR SUCH PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL O&E USA’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER TO O&E USA FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL O&E USA BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY CUSTOMER. IN NO EVENT SHALL O&E USA BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.

O&E USA reserves the right to withdraw access to the Sites or to revise the services and products described in the Site at any time without notice. O&E USA may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site. The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.