Synergy Reef Systems (“SRS”) owns and operates this Website. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). This Terms of Service governs your relationship with SRS and www.synergyreef.com (“Website”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
LINKING TO THIS WEBSITE
You may link to Website through the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. In any event, you must not establish a link from any website that is not owned by you; Website must not be framed on any other site; nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with SRS and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to SRS.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and SRS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of SRS or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SRS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. Products on Website are also protected by trade dress rights.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions (“Terms of Sale”). All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal or delivery delays or force majeure for which we will not be responsible.
In order to contract with SRS you must be over 18 years of age and possess a valid credit or debit card issued from a source acceptable to SRS. SRS retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party with which you have contracted. This will usually be SRS or may in some cases be a third party. Where a contract is made with a third party SRS is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the third-parties terms of sale.. 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. The cost of foreign products and services may fluctuate. All prices advertised are subject to such change for which you will be notified in advance via a change order.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Although it is our intention to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. We will inform you if we discover an error in the price of any goods which you have ordered and give you the option of reconfirming at the correct price or cancelling your order. If we are unable to contact you we will treat the order as cancelled. If you have already paid for the goods, you will receive a full refund, upon request.
Delivery costs are not included; such additional charges are clearly displayed where applicable and included on your invoice (“Total Cost”)
Upon receiving your order we carry out a standard authorization check to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received shall be treated as a deposit against the value of the goods you ordered. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law SRS and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, 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 the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You agree to indemnify, defend and hold harmless SRS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
SRS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable the enforceability of any other part of the Terms of Service will not be affected with all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We offer an in-house handling procedure to resolve disputes when they first arise; please let us know if you have any concerns or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
ENFORCEMENT OF TERMS OF SERVICE
If it becomes necessary to hire an attorney to enforce any provision of the Terms of Service, the prevailing party shall be entitled to recover their costs and attorney’s fees incurred prior to suit, as well as in litigation, appeal and any arbitration, bankruptcy or administrative proceedings. The Terms of Service shall be governed by Tennessee Law and any legal proceeding concerning the Terms of Service shall be brought in Rutherford County, Tennessee.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SRS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of SRS.