Updated and effective as of October 1, 2019
By using the Site or purchasing any products or services through the Site, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and Mer-Sea and govern your access to and use of the Site together with any services offered through the Site. If you are using the Site on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.
Mer-Sea may offer promotions, sweepstakes, contests, services, or features that have their own terms, and if any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.
The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.
The mersea.com Site
Mer-Sea, through the Site, sells travel apparel and accessories and scented home and body products. Mer-Sea may from time to time sell other products or services through the Site.
Information contained on the Site is provided for informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Mer-Sea.
By using the Site, you may need to interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Mer-Sea is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.
Any and all Site services and products are subject to availability. While Mer-Sea will try its best to make the Site content useful, Mer-Sea does not warrant that any Site content will be useful or reliable. Mer-Sea does not offer legal or financial advice through the Site. Nothing in these TOU nor on the Site is to be interpreted as legal or financial advice or guidance.
Product Order Terms
Your purchase of any products through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these TOU. All prices are subject to change.
You may request a refund for products purchased through the Site in accordance with these TOU and the return policy page found at https://www.mersea.com/a/returns.
Mer-Sea hereby grants you a revocable and nonexclusive right and license to use and access the Site for your personal, non-commercial purposes in a manner that is consistent with the other terms in these TOU and the Site’s intended purposes. Mer-Sea reserves the right to terminate this license for any reason and at any time without notice to you, including for breach of these TOU. Use of the Site by competitors is not authorized without express, written permission from us in advance of such access.
You may not use any Site content to establish any independent data files, databases, compendiums, or any other reference materials.
Mer-Sea reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s).
Intellectual and Other Property
All content on the Site is the property of Mer-Sea or its licensors including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files ("Mer-Sea Content").
Certain elements of the Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, and organization and layout, are copyright protected under United States and international copyright laws. You may not copy, republish, post, modify, edit, transmit, distribute or reverse engineer any Mer-Sea Content without our permission, except that you may print out one copy of each Site page solely for your own non‑commercial personal use. No right, title, or interest in any Mer-Sea Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of Mer-Sea Content must display the appropriate copyright, trademark, and other proprietary notices.
If you transmit to Mer-Sea a testimonial statement and/or photographs depicting your results using any Mer-Sea product, you grant, and warrant and represent that you have the right to grant, Mer-Sea a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Mer-Sea advertising materials.
By sending any testimonials or photographs of your results, you represent that the testimonial statement is true, that you used the Mer-Sea product as directed, and that the photographs and testimonial accurately depict your experience using the Mer-Sea product.
If you no longer wish Mer-Sea to use your written testimonial statement, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Mer-Sea and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
You acknowledge that you have no right, title, or interest in or to the Site and/or Mer-Sea Content.
Mer-Sea is a mark of Mer-Sea & Co. LLC. Other marks, names, and logos on the Site are the property of their respective owners.
There may be other content located on the Site not owned by Mer-Sea, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Mer-Sea.
Third Party Advertisements, Links to Third Party Sites, and Other Site Interaction
The Site may feature advertisements from third parties not affiliated with Mer-Sea. The presence of any third party advertisements in no way implies: (1) any relationship or association between the advertisers and Mer-Sea or (2) that Mer-Sea endorses or recommends the advertised companies, goods, and/or services. Mer-Sea is not liable or responsible for any harm or damages you may suffer if your purchase or use any advertised goods or services. You purchase or use any advertised goods or services at your risk. If any of the advertisements contain links to third party sites, please continue reading the language in this section about external links.
The Site may contain links to external sites not controlled and/or affiliated with Mer-Sea. If you use these links, you will leave the Site. Mer-Sea provides these links to you only as a convenience. Mer-Sea is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
Mer-Sea may also allow interaction between the Site and other third party sites such as Twitter and other social media sites. This may include "Like" buttons or other interactions through third party buttons or plugins on the Site that when used, may allow you to share content from the Site or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing. Mer-Sea has no control over these third party sites and you use these interaction functions at your own risk. Mer-Sea is in no way liable for any harm to you as a result of using one of these interaction functions.
Other Prohibited Conduct
In connection with your access and/or use of the Site or any Site services, you agree not to:
The previous list of prohibitions is not exclusive. Mer-Sea reserves the right to terminate your access to the Site or any Site services for any reason.
By accepting these TOU, you waive and hold harmless Mer-Sea from any claims resulting from any action taken by Mer-Sea during or as a result of Mer-Sea's investigation and/or from any actions taken as a consequence of investigations by either Mer-Sea or law enforcement related to your use of the Site.
Indemnity and Release
You agree to indemnify, defend and hold harmless Mer-Sea, including its officers, directors, employees, affiliates, agents, licensors, representatives, suppliers, contractors, attorneys, and business partners ("Indemnified Parties"), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Mer-Sea or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any Site goods or services, your breach of these TOU, the use of the Site by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
TO THE EXTENT ALLOWED UNDER THE LAW, IF A DISPUTE ARISES BETWEEN ONE OR MORE SITE USERS, EACH OF YOU RELEASE MER-SEA, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TO THE EXTENT ALLOWED UNDER THE LAW, YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS [OR HER] FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM [OR HER] MUST HAVE MATERIALLY AFFECTED HIS [OR HER] SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY MER-SEA.
Disclaimer of Warranties / Limitation of Liability
YOUR USE OF THE SITE AND ANY SITE PRODUCTS IS AT YOUR OWN RISK.
TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND DISCLAIM ANY OBLIGATION, LIABILITY, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MER-SEA.
TO THE EXTENT ALLOWED UNDER THE LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. MER-SEA AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITY FOR ANY DAMAGES WHATSOEVER INCURRED BY ANY SITE USER IN CONNECTION WITH THE USE OF ANY OTHER WEBSITE ACCESSED THROUGH THE SITE, AND DISCLAIM ANY LIABILITY DERIVED FROM THE USE OF ANY LINKS THAT MAY APPEAR ON THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR THAT SITE AND/OR ITS CONTENT WILL BE AVAILABLE AND/OR APPROPRIATE IN ALL AREAS. TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT ALLOWED UNDER THE LAW, THE SITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT ALLOWED UNDER THE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE PRODUCTS OR SERVICES. TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL MER-SEA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MER-SEA AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE, ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, AND/OR ANY LINKS ON THE SITE.
TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MER-SEA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO MER-SEA AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE OFFERED ON OR THROUGH THE SITE, TO THE EXTENT ALLOWED UNDER THE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT ALLOWED UNDER THE LAW.
U.S. Geographic Limitation
Mer-Sea operates the Site from its headquarters in the United States, and the Site is intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in, and stored in the United States.
You acknowledge that any opinions and/or recommendations contained on the Site are not necessarily those of Mer-Sea nor endorsed by Mer-Sea. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.
Mer-Sea does not guarantee or promise that any opinions and/or recommendations on the Site are accurate or will be helpful to any issue you may have.
You agree that Mer-Sea is not liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site.
Mer-Sea is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to Mer-Sea's computer or network systems, including any Mer-Sea hardware or devices, that may or may not result in the disclosure of your personal information you provided to us.
YOU AGREE THAT any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of Kansas, without regard to any conflict of laws provisions.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts of Kansas, (USA) for any litigation arising out of or relating to these TOU or the use of the Site.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in the state or federal courts of Kansas.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Kansas state or federal court that such litigation brought therein has been brought in an inconvenient forum.
YOU AGREE THAT Mer-Sea will be irreparably injured if the provisions of this Agreement are breached by you and/or not specifically enforced.
YOU AGREE THAT if you commit or, in the belief of Mer-Sea, threaten to commit, a breach of any of the provisions of this Agreement, Mer-Sea and/or its affiliates shall have the right and remedy, in addition to any other remedy that may be available at law or in equity, to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Mer-Sea and/or its affiliates, and that money damages will not provide an adequate remedy therefore.
YOU AGREE THAT any such injunction/specific performance referenced in the previous paragraph shall be available without the posting of any bond or other security, and you hereby consent to the issuance of such injunction.
YOU AGREE THAT if this Agreement is breached by you, Mer-Sea will be entitled to recover its legal fees and costs incurred in the enforcement of this Agreement.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.
These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Mer-Sea, with respect to the Site.
If you violate any portion of these TOU, Mer-Sea reserves the right, without an obligation to do so, to deny you access to the Site. If Mer-Sea terminates your access to the Site, Mer-Sea may also delete your Site account. Mer-Sea has the right to terminate any password-restricted account for any reason. If your Site account is terminated, you are prohibited from re-registering for a new Site account without first getting permission from Mer-Sea.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, terminate your Site account and access to the Site, and/or refuse to provide any Site services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We can also terminate this Agreement at any time, with or without cause.
Mer-Sea's failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TOU.
Mer-Sea reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. We may, at our sole discretion, require additional information or forms of identification and may use these to determine any limitations that may be placed on your use of the Site. You agree that Mer-Sea is not liable to you or any other third party for this action.
Mer-Sea does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site. You are solely responsible for obtaining access to the Site and any fees associated with such access (e.g., airtime charges, ISP fees, other third party fees, etc.). In addition, you must provide, and you are responsible for, all equipment necessary to access the Site.
You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. Mer-Sea may revoke this linking permission at any time and for any reason.
Certain software elements of the Site and related Site services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
You agree that you will not assist or participate in any such diversion or other violation of applicable laws and regulations as referenced in the previous paragraph.
YOU AGREE THAT you will not permit or license anyone not approved under applicable law or regulations to receive controlled commodities, and that none of the materials on the Site are being, or will be, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or otherwise used for proscribed activities.
This Agreement does not create an agency, joint venture, partnership, fiduciary relationship, or any similar relationship between the parties, and neither party has the right or authority to act for, or on behalf of, the other party.
Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure failures, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers, beyond the control of the parties.
If you need to contact Mer-Sea for any reason not already specified in these TOU, please use the following contact information: Customer Service / 14832 West 107th Street, Lenexa, KS 66215 / (816) 974-3115 / email@example.com.