THESE TERMS OF SALE ARE A LEGAL AGREEMENT (hereinafter “Sale Agreement”) BETWEEN YOU, THE CUSTOMER, AND Cebu Sport Fishing dot Com INC., A CALIFORNIA CORPORATION, FOR YOUR PURCHASE OF THE ITEM(S) REFLECTED IN YOUR ORDER.
PLEASE READ THIS AGREEMENT
CAREFULLY. BY SUBMITTING YOUR
ORDER:
1. YOU ACCEPT ALL OF THE TERMS
OF THIS SALE AGREEMENT;
2. YOU ARE CONSENTING TO ENTER
INTO THIS SALE AGREEMENT IN
ELECTRONIC FORM;
3. YOUR CLICK SHALL CONSTITUTE
YOUR ELECTRONIC SIGNATURE
ACCEPTING THIS SALE AGREEMENT.
If you do not wish to accept
this Sale Agreement, do not
order any products through our
website. THIS AGREEMENT SHALL
APPLY UNLESS YOU HAVE A SEPARATE
WRITTEN PURCHASE AGREEMENT WITH
Cebu Sport Fishing dot Com, IN
WHICH CASE THE TERMS OF THE
SEPARATE WRITTEN AGREEMENT SHALL
GOVERN.
The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on this webpage at the time the customer initially places or successfully modifies the order will govern the sale in question. In the event of any conflict between the terms and conditions on any customer purchase order form or invoice and this Sale Agreement, you agree that our invoice and this Sale Agreement shall control.
Orders, acceptance, cancellation, etc.
The customer is responsible for shipping and handling charges, sales fees, and all other taxes or fees associated with the order. By submitting an order, you declare that all personal or business information you have entered is valid.
Except with respect to out-of-stock items noted in the “Lack of Availability” section below, you cannot cancel or change an order once it has been accepted. All orders are expressly conditioned upon acceptance by Cebu Sport Fishing dot Com, and orders are not deemed to be finalized until accepted by Cebu Sport Fishing dot Com.
Any modification of the terms and conditions contained in this Sale Agreement will be effective only if it is in writing and signed by both the Customer and an authorized representative of Cebu Sport Fishing dot Com.
We
will issue a confirming
acknowledgment via e-mail for
each order, however the order
will not be charged to your
credit card until you receive a
shipping notification. The
shipping notification will be
issued by an e-mail when your
order has been shipped. This
shipping notification will
constitute our acceptance of
your order by Cebu Sport Fishing
dot Com. At this time Cebu Sport
Fishing dot Com only accepts and
ships orders within the
continental United States (at
this time orders will not be
accepted from Alaska or Hawaii).
We cannot ship to P.O. Boxes or
to APO or FPO addresses. If
your credit card is charged for
a purchase and your order is not
received, we will take the
appropriate action and/or issue
credit to your credit card
account
Pricing Disclaimer
All prices on our website are listed in U.S. dollars. Prices do not include shipping, handling, or taxes, which shall be charged on all orders as applicable and will be calculated and shown at the time of your order. All prices are subject to change. Cebu Sport Fishing dot Com reserves the right to make adjustments due to changing market conditions, product discontinuation, supplier's price changes, errors in advertisements and other circumstances.
Lack of Availability
If an item you have ordered is not in stock after the order has already been placed you will be notified by a Consumer Service representative and offered the opportunity to:
1.
Remove the out-of-stock item
from your order and receive the
in-stock items only.
2. Receive the in-stock items
and wait for the out-of-stock
item.
3. Receive a similar
(substitute) item with different
price.
4. Cancel your entire order.
You
may cancel an order for
out-of-stock items at any time
prior to shipping by contacting
our Consumer Service line as set
forth below. We reserve the
right to cancel orders for
out-of-stock items at any time
by giving e-mail notice to you.
Payment Terms and Conditions
All payments must be made by credit card. No other payment methods are currently accepted. Your rights as a cardholder are governed by your card-issuer agreement and not this Sale Agreement. If there is a discrepancy between our order receipt and you credit card statement, you agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived. If we do not receive payment from your credit card issuer or its agent, you agree upon our demand to pay all amounts due. You are responsible for paying any sales, use, or other taxes imposed on your purchases. We will not be responsible for any unauthorized amounts billed to your credit card by a third party.
Products purchased for export purposes
If the product(s) that you are ordering are meant for purposes of export, you must obtain from the federal government, the appropriate export documentation before shipping the product(s) to a foreign country. In addition, any express warranties may vary or are potentially voidable if the product(s) are exported outside the United States. You should contact us with any questions regarding the exportation of our products.
Shipping Policy
Shipping and handling fees are different for all orders. They depend on customer locations and are calculated during the ordering process. As mentioned above, at this time Cebu Sport Fishing dot Com only accepts and ships orders within the continental United States. Please note that we will only ship to a verified billing address. We do not ship to PO Boxes. If you want your products to be shipped outside USA, or to Alaska, or Hawaii, please contact our Customer Support Department. Any loss or damage that occurs during shipping by a carrier selected by Cebu Sport Fishing dot Com is Cebu Sport Fishing dot Com's responsibility.
Our
Return Policy
Please read our return policy.
Electronic Communications
When you visit our website, place an order or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to enter into this Sale Agreement electronically covers current transactions only. Future transactions will require additional consent. If you wish to have a copy of this Sale Agreement in paper form and you are unable to print a copy on your own computer system, we will provide you with a paper copy at no charge if you contact our Consumer Service line at the number below.
Disclaimer of Implied Warranties
TO THE FULLEST EXTENT ALLOWED BY LAW, THIS SALE AGREEMENT EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; AND (B) ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.
TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE IMPLIED WARRANTY IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY PERIODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY, AND OTHER RIGHTS MAY EXIST AND MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL Cebu Sport Fishing dot Com, OR ANY OF Cebu Sport Fishing dot Com’S CURRENT OR FORMER OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, PREDECESSORS, AFFILIATES, PARENTS DIVISIONS, SUBSIDIARIES, BRANCHES, UNITS, PARTNERS, JOINT VENTURERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR LOST REVENUE, PROFIT, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS SALE AGREEMENT.
NOTWITHSTANDING ANYTHING ELSE IN THIS SALE AGREEMENT OR OTHERWISE, Cebu Sport Fishing dot Com SHALL NOT BE LIABLE WITH RESPECT TO ANY PURCHASE UNDER OR ARISING FROM OF THIS SALE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY OF THE AMOUNTS IN EXCESS OF THE PURCHASE PRICE PAID BY THE CUSTOMER TO Cebu Sport Fishing dot Com.
Cebu Sport Fishing dot Com WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATING TO MATERIALS OBTAINED THROUGH THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY PARTY ON SUCH MATERIALS; LOST DATA; OR DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE SERVICE, OR THEFT OR UNAUTHORIZED ACCESS TO THE MATERIALS).
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Jurisdiction, Governing Law, and Choice of Law
Cebu Sport Fishing dot Com and the Customer unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Sale Agreement, or any breach or threatened breach thereof, shall be exclusively be resolved in binding arbitration proceedings within Orange County, California, United States of America.
This Sale Agreement shall be
deemed to have been made and
accepted and is to be performed
in Orange County, California,
United States of America and the
construction, interpretation,
performance, and rights and
remedies under this agreement
shall be construed under and
governed by the laws of the
State of California, without
regard to its internal choice of
law rules.
Arbitration, Waiver of Trial by
Jury
Cebu Sport Fishing dot Com and
the Customer waive, to the
extent permitted by law, the
right to trial by jury, and
instead Cebu Sport Fishing dot
Com and the Customer
unconditionally consent and
agree that the jurisdiction and
venue of any dispute between the
parties regarding construction,
interpretation, performance, and
rights and remedies under this
Website User Agreement, or any
breach thereof, shall be
submitted and be subject to, the
exclusive jurisdiction of the
American Arbitration Association
(“AAA”) for binding arbitration
conducted under the AAA’s
applicable arbitration rules
then pertaining (see
www.adr.org), except
as modified herein with respect
to discovery , with a single
neutral arbitrator. The
arbitrator shall be selected
within 30 business days from the
date a party receives a demand
for arbitration. The
arbitration shall take place in
the County of Orange, State of
California, and the arbitrator
shall apply California law
(enforcement of this arbitration
provision shall also be subject
to and governed by California
law). Prior to the commencement
of arbitration, emergency relief
is available from any court to
avoid irreparable harm.
Each party shall initially pay all of their respective arbitrator’s and arbitration fees and all other costs unique to the arbitration; however, the prevailing party shall be entitled to its reasonable attorneys fees incurred therewith and to be reimbursed for its share of arbitration and arbitrators fees.
Each party is entitled to discovery of essential facts, documents and witnesses. Each party shall have the right to take depositions and to obtain additional discovery regarding the subject matter of the arbitration, and, use and exercise all of the same rights remedies, and procedures, and be subject to all the same duties, liabilities, and obligations in said arbitration as they would otherwise be entitled to under the California Code of Civil Procedure. The provisions of California Code of Civil Procedure § 1283.05 are hereby specifically incorporates into and made a part of this Website User Agreement by its reference.
The arbitrator shall have all the powers vested in a judge of the Superior Court of California, including the power to award provisional and equitable remedies.
Pursuant to California Code of Civil Procedure § 1290.4, the manner of service and/or notice, for all aspects of the arbitration, including but not limited to, the demand for arbitration, notice of hearing, notice of arbitration award, notice of ruling, the petition to confirm the arbitration award, and the hearing and notice of ruling, the petition to confirm the arbitration award, shall be deemed proper if service is made by first class mail at either the address of the parties as listed in this Website User Agreement, or at the last known mailing address of either of the parties.
The award of the arbitrator shall be enforced and is subject to judicial review pursuant to the provisions of California Code of Civil Procedure §§ 1285 through 1294.2.
THE
ARBITRATOR SHALL NOT AWARD
EITHER PARTY PUNITIVE,
EXEMPLARY, INCIDENTAL,
MULTIPLIED OR CONSEQUENTIAL
DAMAGES WHERE SUCH LIMITATION OF
DAMAGES IS NOT OTHERWISE
PROHIBITED BY THE LAW OF THE
APPLICABLE STATE OR
JURISDICTION.
Attorney’s Fees
If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Website User Agreement, or because of an alleged dispute, breach, threatened breach, default, misrepresentation in connection with any of the provisions of this Website User Agreement, the successful prevailing party or parties shall be entitled to recover its reasonable attorneys fees and other costs incurred in that action or proceeding, including arbitrator’s fees and arbitration fees and expenses, in addition to any other relief to which it or they may be entitled.
Term of Use Revisions
Cebu Sport Fishing dot Com may at any time revise this Website User Agreement by updating this posting. By using the Cebu Sport Fishing dot Com.com website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Website Use or Website User Agreement to which you are bound.
Severability
If any provision of this Website User Agreement is held to be illegal, invalid, or unenforceable under present or future laws, that provisions will be removed from this Website User Agreement and this Website User Agreement will be interpreted and enforced as if the illegal, invalid, or unenforceable provision had never been a part of this Website User Agreement and the remaining provisions will remain in effect and will not be affected by the illegal, invalid or unenforceable provision or its removal. Instead of the illegal, invalid or unenforceable provision, there will be added, as part of this Website User Agreement, a provision as similar in terms to the illegal, invalid or unenforceable provision as may be possible and still be legal and enforceable.
Additional Disclaimers
This Website is operated by Cebu Sport Fishing dot Com INC., a Delaware corporation, operating out of Orange County, California, in the United States of America. Cebu Sport Fishing dot Com makes no representation that the information in this website is appropriate or available for use in other locations, and access to the Cebu Sport Fishing dot Com.com website from territories where the content of the website may be illegal is prohibited. Those who choose to access the website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Cebu Sport Fishing dot Com is always trying to show accurate and up-to-date information on this Website (Cebu Sport Fishing dot Com.com), however, we can not guarantee that all product information is accurate.
Cebu Sport Fishing dot Com can not be liable for any errors in the content of Cebu Sport Fishing dot Com.com