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Terms & Conditions

Use of this Tide-mark website (herein the “Site”) is subject to the following terms and conditions. By using this site, browsing or in making a purchase, you agree to follow and be bound by these terms of use and by the Tide-mark Privacy Policy. Any person or entity that interacts with the Site by any means is considered to be using the Site. If at any time you do not accept the Terms and Conditions set out here, you must stop using the Site. 

Privacy
Tide-mark does not share or sell any information provided by users of the Site to any other entity or organization. For additional information regarding privacy, see the User Content and Transaction sections of Terms of Use.

Content
All content included on the site, including website design, text, graphics, logos, images, and other material (collectively “Content”) is the property of Tide-mark or its authors and is protected by United States and international copyright laws. The images used on this site are the property of their respective copyright owners and are used by Tide-mark pursuant to express or implied authorization from the copyright owners or their agents. Tide-mark and its suppliers and licensors expressly reserve all intellectual property rights in all Content. 

Access
Tide-mark grants you a limited license to access and make personal use of the Site and the Content for non-commercial purposes only and only to the extent that such use does not violate these Terms of Use. Employing elements of this site for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a violation of these Terms of Use. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with the permission and supervision of a parent or guardian. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these terms on your behalf and you may only access and use the website with permission from your parent or legal guardian. 

Trademark
Tide-mark is registered trademark may not be used without our express written permission. 

Site Use
No part of this site may be reproduced, modified, distributed, transmitted, duplicated, copied, or sold for any commercial purpose that is not expressly granted by Tide-mark. Tide-mark reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates these Terms of Use, applicable law or is harmful to the interests of Tide-mark and reserves the right to pursue any legal action against a user who violates the terms, conditions and notices contained herein. 

As a condition of your use of this Site, you warrant to that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use on behalf of yourself or on behalf of any third party.

Accounts
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tide-mark reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

User Content 
For any User Content you submit, you grant to Tide-mark a non-exclusive, sub-licensable, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials or original artwork. In addition, you grant to Tide-mark the right to include the name provided along with the User Content submitted by you; provided, however, Tide-mark shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Transactions
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card or other payment method required to complete a transaction. By submitting such information, you grant to Tide-mark the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. Tide-mark reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Tide-mark or our agents may call or text by telephone regarding your account or your Transactions. 

Quantity Limitation
Tide-mark reserves the right to limit quantities for orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.

Tide-mark reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Orders and Fulfillment
Acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Tide-mark makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Tide-mark strives to display the colors of the products shown on the Site accurately; however, we do not guarantee that your monitor’s display of any color will be the actual color of the products. Tide-mark reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 

Gift Cards
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Connecticut. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Risk of Loss
Except as otherwise set forth herein, the risk of loss and title for all items purchased via the Site passes to you upon delivery of the item to the carrier.

Returns
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. 

Digital Millennium Copyright Act
Tide-mark makes every effort to comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, please provide Tide-mark the written information specified below. Please note that this procedure is exclusively for notifying Tide-mark that your copyrighted material has been infringed. Tide-mark does not and will not make any legal decisions about the validity of your claim of infringement. When a clear and valid notice is received pursuant to the guidelines set forth below, Tide-mark will remove allegedly infringing content. Tide-mark may contact the notice provider to request additional information. Under the DMCA, Tide-mark is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Tide-mark a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by regular mail. We reserve the right to ignore a notice we judge not to be in compliance with the DMCA.

A DMCA notice must: 

Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”); identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible; include the following statement: “I 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”; include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; be signed; and sent to our office: 207 Oakwood Ave., West Hartford, CT 06119. 

Limitation of Liability
You acknowledge by using the Site that your use is at your sole risk. Tide-mark will not be liable for any damages of any kind arising from the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind.  

Jurisdiction

The Site is controlled and operated by Tide-mark from the United States, and is not intended to subject the Site to the laws or jurisdiction of any state, country or territory other than that of the United States. Tide-mark does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Indemnification
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Tide-mark and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site.

California Privacy
California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address: 207 Oakwood Ave., West Hartford, CT 06119. Tide-mark does not sell personal information about its customers who reside in California. 

California Minor Content Removal –The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with the permission and supervision of a parent or guardian. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these terms for you and you may only access and use the website with permission from your parent or legal guardian. 

California Do Not Track Disclosure – Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track option, the browser sends a message to websites requesting them not to track the user. Tide-mark does not track browser activity.

Arbitration Agreement
Any dispute of any kind between Tide-mark and you, including but not limited to any claim relating in any way to any advertisements, pricing, products or services sold by Tide-mark will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You acknowledge that use of this Site and/or purchase of any products or services from or through Tide-mark constitutes a transaction in interstate commerce. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement survives termination of these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Services as a court would. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. All arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms of Use, and will be administered by the AAA. Exclusive jurisdiction over and venue of any suit arising out of or relating to such action will be in the courts of Hartford County, Connecticut. These Terms of Use will be governed by Connecticut law, exclusive of any choice of law rules, except for the arbitration agreement, which is governed by the Federal Arbitration Act.

Terms of Agreement
These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Tide-mark with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Address
If you have any concerns about Tide-mark or use of the Site, please contact us with a detailed description, and we will try to resolve it: Tide-mark, 207 Oakwood Ave., West Hartford, CT 06119