Terms & Conditions | Southern Tide
Terms and Conditions
Thank you for visiting www.southerntide.com, which is owned and operated by Southern Tide, LLC (hereinafter, “Southern Tide,” “we,” “us”, “our”). The Website has been made available to you subject to your agreement to follow and be bound by the terms and conditions set forth herein (the "Terms"). Please read these Terms carefully before accessing or using our Website. By accessing or using this Website, you are agreeing to be bound by the Terms. If you do not wish to be bound by the Terms, please leave this Website immediately. Southern Tide may revise these Terms from time to time, without prior notice, so you should visit this page periodically to review them.
Southern Tide does not guarantee that the information contained on this Website is current, complete, or without errors. You rely on the material on this Website at your own risk. Although we try our best to display our products and their colors as accurately as possible, colors of the products which are actually displayed depend upon computer hardware or mobile device of the user, and Southern Tide cannot guarantee that such hardware or mobile device will accurately display the colors of the products. There is also the possibility that products displayed on our Website may be out-of-stock or discontinued, and the prices which are displayed are also subject to change. We are not responsible for typographical or other errors regarding price or any other matter.
Southern Tide reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms. Your continued access of this Website shall be deemed your conclusive acceptance of any and all such modifications.
When you visit Southern Tide or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyrights, Trademarks and Licenses
The entire contents of this Website, including but not limited to: text, photographs, logos, graphics, button icons, flash movies, images, audio clips, videos, digital downloads, data compilations, and software, are the property of Southern Tide or its content suppliers and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website contents without the prior express written consent of Southern Tide. You may print or download portions of the materials from various areas of this Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. Your submissions of files including, but not limited to: resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Southern Tide a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Southern Tide. You also grant Southern Tide the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
License and Website Access
Southern Tide grants you limited license to access and make personal use of this Website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Southern Tide. This Website or any portion of this Website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Southern Tide. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Southern Tide without the express written consent of Southern Tide. You may not use META tags or any other "hidden text" which utilize www.southerntide.com, Southern Tide or any other derivative of our domain, company name or registered trademarks without the express written consent of Southern Tide. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of Southern Tide so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that Southern Tide cannot and does not guarantee or warrant that files made available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Southern Tide are free from such contaminations.
SMS/MMS Mobile Message Marketing Program
Disclaimers and Limitation of Liability
This site is presented on an “as is” basis and you acknowledge that your use of this site is at your own risk. Southern Tide reserves the right to limit or restrict your access to the site in any way and at any time. Southern Tide expressly disclaims any and all warranties whether express or implied, including but not limited to: (1) implied warranties of fitness for a particular purpose and merchantability; (2) warranties implied from a course of dealing or performance; (3) warranties that the site or site’s server will be free from viruses; (4) that the site shall be secure and free of errors. By using this site you agree and acknowledge that (a) you assume full responsibility for all consequences resulting from your use of this site; (b) you did not have to pay to use this site; (c) Southern Tide will not be liable for any direct or indirect damages resulting from your use of this site.
By visiting this Website, you agree that the laws of the State of South Carolina, without regard to principals of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Southern Tide. Any dispute arising under these Terms or in connection with your use of this Website shall be resolved exclusively by the state and/or federal courts of the state of South Carolina, Greenville County and/or the US District of South Carolina.
You agree to indemnify, defend and hold harmless Southern Tide, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or your use and access of Website.
Last Revised: February 22, 2021
Mobile Messaging Terms and Conditions
User Opt In
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Mobile Message Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If you do not wish to continue participating in the Program or no longer agree to these Mobile Message Terms, you agree to reply STOP to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use of engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18) years, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Southern Tide or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Mobile Message Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Greenville, South Carolina before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Southern Tide’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Mobile Message Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Mobile Message Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Mobile Message Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Mobile Message Terms unless explicitly stated otherwise in writing. We reserve the right to change these Mobile Message Terms from time to time. Any updates to these Mobile Message Terms shall be communicated to you. You acknowledge your responsibility to review these Mobile Message Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Mobile Message Terms, as modified.
Last Revised: February 23, 2021