Sea Island Forge 
Internet Terms of Use 

Sea Island Forge, LLC ("Sea Island Forge, Inc.,” "we", "us", "our") provides this website  for use by its licensees, customers, and potential customers. Access to and use of this  website is subject to these terms and conditions of use (“terms of use”).  

1. GENERAL. Welcome to the website of Sea Island Forge. By using this website  or any other website sponsored by Sea Island Forge, you are agreeing to these  terms. These terms can be changed at any time by Sea Island Forge in its sole  discretion by updating this notice. If you do not agree to these terms, you are not  permitted to use this website.  

2. “SITE” DEFINITION AND GUIDELINES.  

"Site" shall include any information or services made available by Sea Island  Forge, regardless of the medium, and shall include, without limitation any  affiliated websites, mobile applications, videos, products and applications we  make available. We reserve the right at any time, and from time to time, to  modify, suspend or discontinue (temporarily or permanently) the Site, or any part  of the Site, with or without notice.  

The Site is not intended for users under 13 years of age. If you are under 13, do  not use the Site and do not provide us with any personal information.  We make no claims that the Site or any of its content is accessible or appropriate  outside of the United States. Access to the Site may not be legal by certain  persons or in certain countries. If you access the Site from outside the United  States, you do so on your own initiative and are responsible for compliance with  local laws and regulations. 

3. ELECTRONIC COMMUNICATION. When you visit Sea Island Forge’s Site  or communicate with Sea Island Forge through the Site, you are communicating  with Sea Island Forge electronically. Any Sea Island Forge responses to you will  be via return email. You agree that all communications pursuant to these terms  may be communicated electronically, and that these communications satisfy all  legal requirements for notice. 

4. DESCRIPTION OF SEA ISLAND FORGE PRODUCTS AND SERVICES.  Sea Island Forge strives to be open, accurate, and reliable in its description of its  products. However, Sea Island Forge does not warrant that the contents of its web  page(s) or its product descriptions are accurate, reliable, complete, current, or  error free. Prices and availability of any service or product on this website are  subject to modification by Sea Island Forge, in its sole discretion, without notice.  The description of any Sea Island Forge product or service on this Site does not  guarantee that said product or service is presently available. All orders for  products or services are subject to current and applicable law, including laws and  regulations governing the import and export of goods or technology. We have  made every effort to display as accurately as possible the colors and images of our  products that appear at our brick-and-mortar store. We cannot guarantee that your  computer monitor's display of any color will be accurate. 

5. COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION. This  Site, as well as all its content and the design of our products, is the intellectual  property of Sea Island Forge and subject to intellectual property protection,  including U.S., Canadian and international copyright protection and trademark  protections. The Site and its contents are provided only for their stated uses, and  you may not use the information hereon other than for your own private use.  Nothing on this Site confers on you any ownership rights in or to its contents. By  providing this information, Sea Island Forge does not, however, imply any sort of  warranty, license or support for any Sea Island Forge products or services.

6. USES OF SITE. The materials used and displayed on the Site, including but not  limited to text, software, photographs, graphics, illustrations and artwork, video,  music and sound, and names, logos, trademarks and service marks, are the  property of Sea Island Forge or its affiliates or licensors and are protected by  copyright, trademark and other laws. Any such content may be used solely for  your personal, non-commercial use. You agree not to modify, reproduce,  retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such  material without the prior written permission of Sea Island Forge. Sea Island  Forge grants you a personal, non-exclusive, non-transferable, revocable license to  use the Site and any materials on the site for non-commercial purposes subject to  these Terms of Use.  

7. PROHIBITED USES OF THE SITE. You may use the Site only for lawful  purposes and in accordance with these Terms of Use. You agree not to use the  Site:  

a) In any way that violates any applicable federal, Provincial, State, local or  international law or regulation.  

b) To transmit, or procure the sending of, any advertising or promotional  material, including any "junk mail", "chain letter" or "spam" or any other  similar solicitation.  

c) To impersonate or attempt to impersonate Sea Island Forge, a Sea Island  Forge employee, another user or any other person or entity (including,  without limitation, by using email addresses or screen names associated  with any of the foregoing).  

d) To engage in any other conduct that restricts or inhibits anyone's use or  enjoyment of the Site, or which may harm Sea Island Forge or users of the  Site or expose them to liability. 

e) To "Scrape" or disaggregate data from the Site (whether by manual or  automated means) for any commercial, marketing, or data compiling or  enhancing purpose.  

f) To introduce any viruses, Trojan horses, worms, logic bombs or other  material or mechanism that is malicious or technologically harmful.  g) To attempt to gain unauthorized access to, interfere with, damage or  disrupt any parts of the Site, the server on which the Site is stored, or any  server, computer or database connected to the Site.  

h) To otherwise attempt to interfere with the proper working of the Site.  

8. TERM AND TERMINATION. The terms of this Agreement remain in effect  unless and until terminated by Sea Island Forge. Sea Island Forge may terminate  this Agreement for its convenience, for any reason or for no reason. Sea Island  Forge may discontinue, modify, remove, or expand its website at any time, in  whole or in part.  

9. NO WARRANTIES. USE OF THE WEBSITE IS PROVIDED “AS IS.” ALL  WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING  BUT NOT LIMITED TO WARRANTIES OF TITLE AND THE IMPLIED  WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A  PARTICULAR PURPOSE. Sea Island Forge does not warrant that its website or  server will operate error-free; nor does Sea Island Forge warrant that its website  or server are free of computer viruses and harmful components. If your use of our  website results in the need for services or replacing computer equipment or data,  Sea Island Forge is not responsible for paying or sharing those costs. 

10. LIMITATION OF LIABILITY. THIS WEBSITE IS PROVIDED “AS IS.”  YOU USE THIS SITE AT YOUR OWN RISK. NEITHER SEA ISLAND 

FORGE NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES,  AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR  INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO  YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT,  INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR  SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR  YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE  

INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY  ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY  INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY  AND ALL CLAIMS AGAINST SEA ISLAND FORGE AND ITS  

SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES  AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR  CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE  INFORMATION AVAILABLE THEREON. If, notwithstanding the other  provisions of this Agreement, Sea Island Forge is found liable to you for any loss  or damage that arises out of or is in any way related to the use of this website, you  agree that Sea Island Forge’s liability will not exceed Seven ($7.00) U.S. Dollars. 

11. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Sea  Island Forge, and its officers, directors, owners, employees, agents, information  providers, affiliates, licensors and licensees (collectively, the "Indemnified  Parties") from and against any and all liability and costs, including, without  limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in  connection with any claim arising out of you or any user of your account or these  Terms of Use or any representations, warranties and covenants contained in these  Terms of Use. You shall cooperate fully and reasonably in the defense of any such  claim. Sea Island Forge reserves the right, at its own expense, to assume the  exclusive defense and control of any matter subject to indemnification by you. 

12. APPLICABLE LAW. The laws of the State of Georgia shall govern your use of  the Site, without reference to the Conflicts of Law provisions thereof. The parties  agree that the United Nations Convention on Contracts for the International Sale  of Goods is inapplicable. ANY CAUSE OF ACTION OR CLAIM YOU MAY  HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR  THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE  CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION  OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO  WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE. Venue  for any such claim shall be in Glynn County, Georgia. 

13. EXPORT CONTROL. You warrant that you will comply with all U.S. laws  relating to the export of goods or technology from these United States.  

14. THIRD PARTY LINKS, WEBSITES AND CONTENT. We do not review or  monitor any websites, advertisements, or other media linked to or available  through the Site and are not responsible for the content of any such third party  advertisements or linked websites. Prior to purchasing any third party products or  services described on the Site, you are advised to verify pricing, product quality  and other information necessary to make an informed purchase. Neither Sea  Island Forge nor its subsidiaries, divisions, affiliates, agents, representatives or  licensors shall have any liability arising from your purchases of third party  products or services based upon the information provided on the Site, and we  shall not receive or review complaints regarding such purchases. You agree that  we are not liable for any harm or damages related to the purchase or use of goods,  services, resources, content, or any other transactions made in connection with  any third-party websites. Please review carefully the third-party's policies and  practices and make sure you understand them before you engage in any 

transaction. Complaints, claims, concerns, or questions regarding third-party  products should be directed to the third-party.  

15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest  entries) or without a request from us, you send creative ideas, suggestions,  proposals, plans, or other materials, whether online, by email, by postal mail, or  otherwise (collectively, 'comments'), you agree that we may, at any time, without  restriction, edit, copy, publish, distribute, translate and otherwise use in any  medium any comments that you forward to us. We are and shall be under no  obligation (1) to maintain any comments in confidence; (2) to pay compensation  for any comments; or (3) to respond to any comments.  

If you make any public comments on our website at any time, we may, but have  no obligation to, monitor, edit or remove content that we determine in our sole  discretion to be unlawful, offensive, threatening, libelous, defamatory,  pornographic, obscene or otherwise objectionable or violates any party’s  intellectual property or these Terms of Service.  

You agree that any of your communications on this web page will not violate any  right of any third-party, including copyright, trademark, privacy, personality or  other personal or proprietary right. You further agree that your comments will not  contain libelous or otherwise unlawful, abusive or obscene material, or contain  any computer virus or other malware that could in any way affect the operation of  our website or any related website. You may not use a false e mail address,  pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any  comments you make and their accuracy. We take no responsibility and assume no  liability for any comments posted by you or any third-party.

16. MISCELLANEOUS. No waiver of any breach hereof or default hereunder shall  be deemed a waiver of any subsequent breach or default of the same or similar  nature. If any of the provisions in these terms of usage is found to be illegal,  invalid or unenforceable under present or future law, the remaining provisions  shall not be affected thereby. These terms of service shall not be more strictly  construed against one party or the other on account of drafting. You agree to  report any violation of these terms of service or any theft or misuse of our unique  designs, trademarks or other intellectual property to support@seaislandforge.com.

 

Sales Terms

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that  allows us to sell our products and Services to you. Sea Island Forge, LLC ("Sea Island Forge,  Inc.,” "we", "us", "our") is the seller of the goods and services advertised on this e-commerce platform. All sales on this platform are pursuant to these Terms and Conditions of E-Commerce  Sales of Goods and Services by Sea Island Forge, LLC (hereinafter, “Terms of Sale” or  “Agreement”). By making a payment on our website, you are agreeing to these terms and  conditions for the sale when the sale is accepted by us as set forth herein. 

• PURCHASER REPRESENTATIONS.
  • The following representations on your part are material terms of this agreement.
    
    
  • By making a purchase on this web page, you represent and affirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your  consent to allow any of your minor dependents to use this site.  
    
    
  • You agree and represent that you will not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  
    
    
  • If you are purchasing our grill, griddle, heat dome or similar products designed to be used with Sea Island Forge fire pits, you represent and warrant that you already own such a fire pit and that you do not intend to use those products with any fire  pit or other structure not designed and produced for purpose by us.  
    
    
• GENERAL CONDITIONS.
  • We reserve the right to refuse sales or service to anyone for any reason at any time in our sole discretion. You understand that your content (not including credit card information), may be transferred unencrypted and  involve (a) transmissions over various networks; and (b) changes to conform and  adapt to technical requirements of connecting networks or devices. Credit card  information is always encrypted during transfer over networks. You agree that all  communications pursuant to this Agreement may be communicated electronically,  and that these communications satisfy all legal requirements for notice. 
    
    
• PRODUCTS
  • Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy included on website. Each order for  products shipped will be deemed accepted by us when you receive electronic notice  of acceptance or notice that the item has shipped, whichever first occurs. 
    
    
• PAYMENT.
  • Payment in full is due prior to shipping, and sales are made FOB Seller.
     
• PURCHASER LOCATION.
  • At the current time, sales are only available to purchases in the United States of America. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or  jurisdiction for any or no reason. We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products that we offer. All  descriptions of products or product pricing are subject to change at anytime without  notice, at the sole discretion of us. We reserve the right to discontinue any product at  any time. Any offer for any product made on this site is void where prohibited.  We do not warrant that the quality of any products, information, or other material  purchased or obtained by you will meet your expectations.  
    
    
• ACCURACY OF BILLING AND ACCOUNT INFORMATION
  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account,  the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify  you by contacting the email and/or billing address/phone number provided at the time  the order was made. We reserve the right to limit or prohibit orders that, in our sole  judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account  information for all purchases made at our store. You agree to promptly update your  account and other information, including your email address and credit card numbers  and expiration dates, so that we can complete your transactions and contact you as  needed.  For more details, please review our Returns on our web page. 
    
• PERSONAL INFORMATION
  • Your submission of personal information through the store is governed by our Privacy  Policy, which can be viewed on our web page. 
    
    
• NO TRANSFER OR INTELLECTUAL PROPERTY
  • You are purchasing goods and/or services but not the design or intellectual property  utilized in their creation. Nothing in this Agreement will transfer to you any of our  intellectual property. You agree that you will not copy the design or manufacturing  techniques utilized in creating our product, whether through reverse engineering or otherwise.  
    
    
• WARRANTIES; LIMITATION OF LIABILITY
  • We warrant that our products are of sound and good manufacture when shipped.  Returns are at our discretion per the Returns policy on our web page. ALL IMPLIED 
  • WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING THE IMPLIED  WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR  PURPOSE. In no case shall Sea Island Forge, our directors, officers, employees,  affiliates, agents, contractors suppliers, service providers or licensors be liable for any  injury, loss, claim, or any direct, indirect, incidental, punitive, special, or  consequential damages of any kind, including, without limitation lost profits, lost  revenue, lost savings, loss of data, replacement costs, or any similar damages,  whether based in contract, tort (including negligence), strict liability or otherwise,  arising from your use of any of any products purchased pursuant to this Agreement.  The total liability of Sea Island Forge for any claim arising from or related to a  purchase product(s) shall not exceed the price paid by purchaser for said product(s).  Because some states or jurisdictions do not allow the exclusion or the limitation of  liability for consequential or incidental damages, in such states or jurisdictions, our  liability shall be limited to the maximum extent permitted by law.
     
• INDEMNIFICATION
  • You agree to indemnify, defend and hold harmless Sea Island Forge and our  subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,  Service providers, subcontractors, suppliers, interns and employees (hereinafter,  collectively, “Indemnities”), harmless from any claim or demand, including  reasonable attorneys’ fees, made by any third-party due to or arising out of your  breach of these Terms of Sale or the documents they incorporate by reference, or your  violation of any law or the rights of a third-party. You further agree to indemnify the  Indemnities for your use of any of our products in a manner for which they were not  designed or reasonably intended, including for any personal injuries or product  liability claims that arise because of that use. YOU SPECIFICALLY AGREE TO  INDEMNIFY THE INDEMNITIES FOR ANY CLAIMS ARISING FROM YOUR  OR ANOTHER’S USE OF PURCHASED GRILL, GRIDDLE, HEAT DOME, OR  SIMILAR PRODUCTS WITH ANY FIRE PIT NOT MANUFACTURED BY SEA  ISLAND FORGE, LLC. 
    
    
• SEVERABILITY
  • In the event that any provision of these Terms and Conditions is determined to be  unlawful, void or unenforceable, such provision shall nonetheless be enforceable to  the fullest extent permitted by applicable law, and the unenforceable portion shall be  deemed to be severed from these Terms and Conditions, such determination shall not  affect the validity and enforceability of any other remaining provisions.
     
• GOVERNING LAW, VENUE, AND LIMITATION PERIOD
  • The laws of the State of Georgia shall govern your purchases, without reference to the Conflicts of Law provisions thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is inapplicable and the  Uniform Commercial Code is inapplicable to this agreement. ANY CAUSE OF 
  • ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO  THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE  (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH  CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU  HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER  SUCH DATE. Venue for any such claim shall be in Glynn County, Georgia, and you  expressly waive any objection to said venue on the basis of the doctrine of forum non  conveniens or for any other reasons. 

• ENTIRE AGREEMENT
  • These Terms of Sale represent the entire Agreement between the parties regarding the  goods or services purchased, and supersede and replace any other communications,  whether written or oral, of any sort. Any ambiguities in the interpretation of these  Terms of Sale shall not be construed against the drafting party. No oral agreement,  statement, promise, undertaking, understanding, arrangement, act or omission of any party, occurring subsequent to the date hereof may be deemed an amendment or  modification of these Terms and Conditions unless reduced to writing and signed by  the parties hereto or their respective successors or assigns.