These terms and conditions of use are an agreement between sunshineoctopus.com and you the user, member or visitor (Members, Users or Visitors will be referred to as “you” in this agreement). This agreement (“Agreement”) also governs your use of any content or information (the “content”) made available to you by Sunshine Octopus through this website (the “site”).
Please read these Terms and conditions of use carefully before using this site. By using this site, you signify your assent to these terms and conditions of use, as well as all provisions, disclaimers and disclosures on this site. If you do not agree to all these Terms and Conditions of use, do not use this Site. Sunshine Octopus may revise and update this agreement at anytime. Your continued use of the site will mean you accept those changes.
By using this web site, you are indicating that you are eighteen (18) years old or older, and agree to be bound by this Agreement. You may print and keep a copy of this Agreement. We may change this Agreement from time to time. If we do make any changes, we will update this document accordingly (the date of the most recent change is displayed at the top of this document). It is your responsibility to access this document whenever you visit this web site to determine if there have been any changes to the terms of the Agreement. By using this web site, you will be indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use this web site. You are responsible for all statements made and acts or omissions that occur while using this web site. You may not use this web site for any unlawful purpose. Sunshine Octopus has the right to not display any material that we deem inappropriate example: Hateful or discriminatory material that doesn’t reflect the look or philosophy of the site.
This is an Agreement between you and Sunshine Octopus. This Agreement governs your use of this Web site (the “Site”). You represent that you are at least 18 years of age. Sunshine Octopus offers the site to you conditioned on your acceptance without modification of this agreement. your use of the site constitutes your acceptance of this agreement. This agreement contains disclaimers of warranties and liability. These provisions form an essential basis for your use of the site. You agree not to use the website in any way that is unlawful.
Sunshine Octopus reserves the right to modify the terms, conditions and notices under which it offers the website without notice. Your continued use of the website after any such changes constitutes your agreement to such changes. Sunshine Octopus further reserves the right to change prices and other information on the website at any time without notice. The posting of prices and other terms of sale shall not constitute a binding order to sell product on such terms.
Hyperlinks and Third-Party Sites
Copyright and Other Proprietary Rights
“Used with permission from Sunshine Octopus”. You may not post any content from this web site to news groups, mail lists or electronic bulletin boards, without the prior written consent of Sunshine Octopus. To request consent for other matters, please contact Sunshine Octopus. You acknowledge and agree that the Site and all information, data and content included therein (the “Content” contains proprietary and confidential information, including but not limited to text, graphics, logos, icons and images, which is protected by applicable intellectual property and other laws). You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or the Site’s advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Copyright © Sunshine Octopus. All rights reserved. All site contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by sunshineoctopus.com and its suppliers.
Disclaimer of Warranties and Liability
The owners and licencors shall not be liable to users or anyone else for any consequential damages, including, without limitation, special, incidental, indirect, or similar damage, even if advised of the possibility of such damages.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Sunshine Octopus provides the Site and its content on an “As Is” basis, and Sunshine Octopus grants no warranties to you (express, implied, statutory, or otherwise) via any communication with Sunshine Octopus with respect to the site and the information received via the site. Sunshine Octopus specifically disclaims any implied warranty of non-infringement, merchantability or fitness or a particular purpose. Sunshine Octopus does not warrant that your use of the site will be uninterrupted, always available or error-free, Sunshine Octopus will meet your requirements, or that any defects in the site will be corrected. Sunshine Octopus disclaims liability for, and no warranty is made with respect to, the availability of the site, including without limitation unavailability caused by heavy traffic, technical difficulties, or any outage or other interruption in service.
Limitation of Liability
Sunshine Octopus logos and trademarks may not be used without our consent on any product or service, except our own, in a manner that confuses consumers or dilutes the distinctiveness of the marks. Sunshine Octopus logos and trademarks may not be used in connection with any product or service that is not Sunshine Octopus, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sunshine Octopus.
Governing Law and Jurisdiction
Your use of this web site and all related rights and obligations, shall be governed by the laws of the United States of America and the state of Delaware, Sussex County, as if your use was a contract wholly entered into and wholly performed within Delaware of proceeding with respect to this web site or any matter related thereto may be brought exclusively in the courts of Delaware venue in Rehoboth Beach or of the United States of America for the district of Delaware venue in Rehoboth Beach. By using this web site, you accept generally and unconditionally the jurisdiction of the a fore said courts and irrevocably waive any objection to such jurisdiction.
If any clause or provision set forth herein is determined to be illegal, in valid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severed without affecting the enforceability of all remaining clauses or provisions. To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with these Terms and Conditions of use.
“as is” basis. Sunshine Octopus makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products included on this site, to the full extent permissible by applicable law.
You agree to indemnify and hold Sunshine Octopus and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorney fees, made by a third party due to or arising from or in connection with your use of the site, use of content provided via the site or breach of these terms and conditions of use.
You shall comply with all applicable laws, statues, ordinance and regulations regarding your use of the site.
Terms and Conditions last updated on January 11th, 2022.