Terms of service
OVERVIEW
Welcome to Offline Ocean Co.! Offline Ocean Co. is a trade name of Rogue Tide Creative, LLC. The terms “we,” “us,” and “our” refer to Rogue Tide Creative, LLC, doing business as Offline Ocean Co.
Offline Ocean Co. operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately represent our products and services in our online store. However, colors, sizing, placement, or product appearance may differ from how they appear on your screen or from product images due to device settings, manufacturing processes, printing processes, or other factors.
We do not warrant that the appearance or quality of any product or service purchased by you will exactly match how it is depicted or rendered in our online store.
All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Offline Ocean Co. reserves the right to accept or decline an order as permitted by applicable law. Your order is not accepted until acceptance is confirmed. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Because some products may enter production shortly after an order is placed, we may be unable to accommodate cancellation or modification requests after an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.
Purchases are subject to our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.
We may periodically offer promotions that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern with respect to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store and to promptly update information as necessary so that we can complete transactions and contact you when needed.
You represent and warrant that payment information you provide is accurate, that you are authorized to use the selected payment method, and that charges incurred by you will be honored by the applicable payment provider.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs processing, severe weather, natural disasters, supply interruptions, incorrect customer-provided shipping information, or other events outside our reasonable control.
Any rights or remedies you may have regarding lost, damaged, delayed, or undelivered products remain subject to applicable law and our posted policies.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including trademarks, brand elements, text, displays, images, graphics, original designs, product content, video, audio, and the selection and arrangement thereof, are owned by or licensed to Rogue Tide Creative, LLC, doing business as Offline Ocean Co., and are protected by applicable U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. Except as permitted by applicable law, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent.
Nothing in these Terms grants or shall be construed as granting you a license or other right under any trademark, copyright, patent, or other intellectual property right belonging to Rogue Tide Creative, LLC, Shopify, or any third party.
The Offline Ocean Co. name, logos, original designs, product or service names, slogans, and other brand identifiers owned by Rogue Tide Creative, LLC may not be used without prior written permission.
Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify or its applicable affiliates. Other names, logos, product and service names, designs, and slogans appearing through the Services may be trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services that we do not monitor or control.
You acknowledge and agree that access to such tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement by us.
Your use of optional third-party tools is at your own discretion and may also be governed by the terms and policies of the applicable third-party provider.
We may offer new features, tools, or resources through the Services in the future. Such features will also be considered part of the Services and will be subject to these Terms unless otherwise stated.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials, functionality, or hyperlinks provided or operated by third parties.
We are not responsible for examining or evaluating the content or accuracy of third-party websites or materials. If you leave our Services to access a third-party website or service, you do so subject to that third party’s applicable terms and policies.
We are not responsible for harm or damages arising from your independent use of or transactions with third-party websites or services to the extent permitted by applicable law. Please carefully review the applicable third party’s policies before engaging in a transaction with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Offline Ocean Co. is powered by Shopify, which provides technology that enables us to offer the Services to you. However, purchases from our store are transactions with Rogue Tide Creative, LLC, doing business as Offline Ocean Co., and not with Shopify.
By using the Services, you acknowledge that Shopify is not the seller of products purchased directly from Offline Ocean Co. Shopify’s responsibilities regarding your use of its technology and its handling of information are governed by its own applicable terms and policies.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy, available through the Privacy Policy link on our website.
Because our store is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide its services. Certain information you submit through the Services may be transmitted to Shopify and other service providers involved in operating our store, processing payments, fulfilling orders, delivering products, providing customer service, or otherwise providing the Services.
Please review our Privacy Policy for additional information about how personal information is collected, used, and shared.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes related to operating, improving, and promoting the Services, subject to applicable law.
You represent and warrant that you own or have the necessary rights to submit the Feedback, that you have disclosed any compensation or incentives associated with it when required, and that your Feedback does not violate these Terms or the rights of another party.
We may monitor, edit, or remove Feedback that we reasonably determine violates these Terms, applicable law, or the rights of another party.
You may not use a false identity or intentionally mislead us or others regarding the origin of Feedback. You remain responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information as appropriate. If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other legal rights; harass, abuse, threaten, defame, or harm others; intentionally transmit false or misleading information; distribute spam or malicious software; impersonate another person or entity; improperly collect personal information; interfere with the operation or security of the Services; or engage in conduct that unlawfully restricts another person’s use of the Services.
You may not reproduce, duplicate, copy, sell, resell, or exploit portions of the Services except as expressly permitted by us or applicable law.
We reserve the right to suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 - TERMINATION
We may suspend or terminate your access to the Services, in whole or in part, as permitted by applicable law if you violate these Terms or misuse the Services.
Any amounts lawfully due and payable before termination remain payable after termination.
Provisions that by their nature should survive termination—including provisions concerning intellectual property, disclaimers, limitation of liability, indemnification, governing law, and other accrued rights and obligations—will survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY ROGUE TIDE CREATIVE, LLC DOING BUSINESS AS OFFLINE OCEAN CO., THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROGUE TIDE CREATIVE, LLC, DOING BUSINESS AS OFFLINE OCEAN CO., AND ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED AND TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Rogue Tide Creative, LLC, doing business as Offline Ocean Co., and its affiliates, members, officers, employees, agents, contractors, licensors, and service providers from third-party claims, damages, liabilities, and reasonable costs arising from your material breach of these Terms, violation of applicable law, violation of another party’s rights, or misuse of the Services.
We will provide reasonable notice of an indemnifiable claim and may participate in or control its defense as permitted by applicable law. You agree to reasonably cooperate in the defense of such claims.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed to the extent necessary, and the remaining provisions will remain in effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us in connection with the Services constitute the agreement between you and us regarding your use of the Services, except where another written agreement expressly applies.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.
We may transfer or assign these Terms or our rights and obligations in connection with a merger, acquisition, sale, restructuring, or other lawful business transaction, subject to applicable law.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements through which Rogue Tide Creative, LLC, doing business as Offline Ocean Co., provides Services to you shall be governed by and construed in accordance with the laws of the State of New Hampshire and applicable federal law, without regard to conflict-of-law principles.
Any provision concerning jurisdiction or venue shall apply only to the extent permitted by applicable law and shall not deprive a consumer of rights or protections that cannot lawfully be waived.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms of Service at any time on this page.
We reserve the right to update or change these Terms by posting the revised Terms on our website. When required by applicable law, we will provide notice of material changes.
Changes will become effective on the date specified in the applicable notice or, if no date is specified, when the revised Terms are posted, subject to applicable law.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to us at:
Offline Ocean Co.
A trade name of Rogue Tide Creative, LLC
Email: offlineoceanco@gmail.com
For customer service, order questions, returns, or other inquiries, please contact us using the email address above.