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