Products
This Website offers for sale certain products (“Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. All orders are subject to availability, subject to harvest and shipping weather, and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from shipping delays or force majeure for which we will not be responsible.
Tampa Bay Saltwater has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product distributed by Tampa Bay Saltwater.
To contract with tbsaltwater.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Tbsaltwater.com retains the right to refuse any request made by you. We reserve the right to refuse service to anyone for any reason at any time. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
Delivery costs will be charged in addition to Products. These such additional charges are clearly displayed where applicable and include in the ‘Total Cost’. Air cargo costs are the sole responsibility of the customer.
Our guarantee policy: All rock and sand is packed fresh and alive, if an order is dead on arrival and the customer has provided proper photo documentation upon arrival in the shipping box and in a functioning aquarium within 4 hours of delivery, we offer credit towards another order. This time limit is set in place due to the chances of customer mishandling.
It is up to you to care for the long term health of your existing fish/invert population, we cannot be held responsible for failure to provide life support, general husbandry or following general quarantine/treatment procedures.
There is no store credit or refund if the Product has been mistreated by curing, dipping, drying or other forms of neglect. Our products must have life support upon unboxing. We are not responsible for improper use of Products by the customer and outcomes thereof.
We do not issue refunds for fulfilled orders, and we do not cover shipping expenses under any circumstance.
In the event UPS or air cargo delays delivery for weather or mechanical reasons no credit or refund for shipping will be issued. There is no refund or credit for shipping expenses. All product credits are issued via store certificates only, no refunds. Tampa Bay Saltwater is not responsible for shipping carrier neglect. Air cargo usage is between the customer and the airline. Air cargo payment, tracking and pick up is the sole responsibility of customer. DOA caused by airline neglect requires the customer filing a claim with the airline directly. Orders abandoned at air cargo offices will not be refunded under any circumstance.
Shipping live rock outside of the US is prohibited by law. If you transport or ship your package outside of the US or to an exporter your guarantee is void and we will not be responsible for your shipment.
If you place an order and decide to cancel it, we will refund the total amount less PayPal service fees.
Customer agrees to not “charge back” with their credit card company under any circumstances, we will work with you to find a solution. Chargebacks or reversals will require the product be returned to us at your expense, no exceptions. Tampa Bay Saltwater may prosecute for fraud or illegal activity when “charging back” or “reversing” funds. We are more than happy to work through situations to find an agreeable solution.
Website
In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. Tampa Bay Saltwater does not create all information offered on this Website; instead, some information is occasionally gathered from other sources. To the extent that Tampa Bay Saltwater does create the content on this Website, such content is protected by intellectual property laws.Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Tampa Bay Saltwater does not endorse the contents on any such third-party websites. Tampa Bay Saltwater is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. Tampa Bay Saltwater is not responsible for any damages resulting from use of this website by anyone.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (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; (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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS.Tampa Bay Saltwater ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.Tampa Bay Saltwater WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.The material displayed on this Website is provided without guarantees, conditions or warranties as to its accuracy. Tbsaltwater.com and its suppliers and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statue, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services arising out of or related to the use, inability to use, performance or failures of this Website or linked sites and any material posted thereon, irrespective of whether such damages were foreseeable or arise in contract, equity, restitution by statue, at common law or otherwise. This does not affect tbsaltwater.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. In no case shall Tampa Bay Saltwater, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Indemnification
You will release, indemnify, defend and hold harmless Tampa Bay Saltwater, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of the Website content or your use of the Website content; the Products or your use of the Products; your violation of any provision of this Agreement; or any information you supplied to Tampa Bay Saltwater. You agree to indemnify, defend and hold harmless TBS, 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.
Unless you notify Tampa Bay Saltwater of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails.
