Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Montauk Flighthouse LLC. The collective work includes works that are licensed to Montauk Flighthouse LLC. Copyright 2003, Montauk Flighthouse LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Montauk Flighthouse LLC or purchasing Montauk Flighthouse LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Montauk Flighthouse LLC or to purchase Montauk Flighthouse LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Montauk Flighthouse LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Montauk Flighthouse LLC used in the site are trademarks or registered trademarks of Montauk Flighthouse LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Montauk Flighthouse LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Montauk Flighthouse LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Montauk Flighthouse LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
RETURN PRACTICE
Montauk Flighthouse LLC will accept your return or exchange
of undamaged merchandise by mail. Undamaged merchandise can also be returned or
exchanged at any Montauk Flighthouse LLC location (Homeport, Splash, Capt Kid,
Fish City, Pier Group).
We will credit you for returns accompanied by an original
receipt made within 30 days of the purchase for the price paid either in the
original form of payment or as a merchandise exchange. Returns accompanied by
an original receipt made more than 30 days after the purchase will be credited
for the item's current selling price either in the form of a merchandise
credit* or as a merchandise exchange. One price adjustment on full-priced
merchandise may be made within 7 days from the original date of purchase.
Returns without an original receipt will be credited for the
item's current selling price on the date of the return, in the form of a
merchandise credit. Merchandise without an original receipt with a selling
price on the date of the return that is deemed Final Sale may not be returned
or exchanged.
Final sale merchandise (red price sticker) may not be
returned or exchanged.
*A merchandise credit for online returns will be issued by
e-mail as an E-Gift Certificate. A valid email address must be provided.
Uneven exchanges
If the total value of your exchange is less than the total
value of returned items, you'll receive the difference in the form of a gift
certificate. Please be sure to specify the type of gift certificate you prefer
on your receipt.
Returning or Exchanging a Gift
If you have received a gift from the Montauk Flighthouse LLC
Online store that you would like to return or exchange, please include the
receipt so that you can be credited the proper amount. You will receive an
Online E-Gift Certificate for the amount paid by the sender. Please be sure to
enter your e-mail address on the returned receipt. If you choose to return or
exchange your gift to an Montauk Flighthouse LLC store you will be issued an
In-Store paper gift certificate for the amount paid by the sender.
Price Adjustments
One price adjustment for merchandise purchased at
full-price, which has been marked down for the first time, may be made within 7
days from the original date of purchase. Price adjustments are not eligible on
special promotions, including %'s off (e.g., 25%, 40%, and 50% etc.) and $'s
off. Should you be eligible for a price adjustment, we will gladly credit your
original form of payment within 1 week of receipt of your email and send you an
email reply confirmation. Depending on your credit card cycle, however, please
allow 1-2 cycles for the credit to appear. Should you not be eligible for a
price adjustment, we will reply with an email, as well.
Returning or Exchanging by Mail
HOW TO RETURN BY MAIL
On your original receipt, indicate the items to be returned.
Please help us improve our service by providing the main reason for the return.
Indicate whether you prefer a refund or exchange. For
exchanges, please fill out the "Exchange Details" section of your
invoice, including the product information for each new item. If you are
returning a gift, merchandise from an exchange order or the return is after 60
days from date of purchase, your email address is required so that an E-Gift
Certificate can be sent to you.
Carefully pack your item(s), including the tags, in the
original condition, and include your completed return form. Be sure to keep the
top portion of your receipt for your records.
Ship the merchandise using registered mail, or tracking
mail. We also recommend you insure the item.
For UPS/Fex Ex/DHL
Homeport, Splash, Fish City, Capt. Kid, Pier Group
#1 Gosman’s Dock, 484 Westlake Drive
Montauk, NY 11954
For USPS
Homeport, Splash, Fish City, Capt. Kid, Pier Group
PO Box 437
Montauk, NY 11954
Limitation of Liability
Montauk Flighthouse LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Montauk Flighthouse LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Montauk Flighthouse LLC product is mistakenly listed at an incorrect price, Montauk Flighthouse LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Montauk Flighthouse LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Montauk Flighthouse LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Montauk Flighthouse LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Montauk Flighthouse LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Montauk Flighthouse LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Montauk Flighthouse LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Montauk Flighthouse LLC products) must be commenced within one (1) year after the claim or cause of action arises. Montauk Flighthouse LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Montauk Flighthouse LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Montauk Flighthouse LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Montauk Flighthouse LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Montauk Flighthouse LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Montauk Flighthouse LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Montauk Flighthouse LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Montauk Flighthouse LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Montauk Flighthouse LLC may link to sites operated by third parties. However, even if the third party is affiliated with Montauk Flighthouse LLC, Montauk Flighthouse LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Montauk Flighthouse LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Montauk Flighthouse LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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