Terms of Use
Agreement
This website is owned and operated by Tidewater Metalworks, LLC (referred to herein as “our”, “us” or “we”). This is an Agreement between you and Tidewater Metalworks, LLC. These Terms of Use (“Terms of Use”, “Terms”) set forth the legal terms and conditions governing the use by you of the online or mobile website https://tidewatermetalworks.com (the “Website”). Please read the following Terms carefully before using the Website. These Terms apply to any and all visitors, users, and others that access or use the Website. By accessing or using the Website and/or purchasing something (“Product”, “Products”) from Tidewater Metalworks, you engage in our service (“Service”, “Services”) and agree to be bound unconditionally by these Terms. If for any reason you do not agree with any part or condition of the Terms of Use then you may not access or use the Website and/or the Services.
You should print a copy of these Terms of Use for future reference.
Privacy Policy
Use of your personal information shared to or via the Website is governed by our Privacy Policy. More information about our Privacy Policy is available at https://tidewatermetalworks.com/privacy-policy and is incorporated herein by this reference.
Terms of Sale
Availability. Any and all Products displayed on the Website are offered for sale subject to availability. We shall not be held at fault or liable in case of any product which is unavailable. We reserve the right to at our sole discretion change the Products displayed and offered for sale at any time and for any reason and without notice. Our products are offered for sale exclusively within the United States at this time.
Pricing. We reserve the right to at our sole discretion modify the pricing of Products displayed and offered for sale at any time and for any reason and without notice. We reserve the right to at our sole discretion reject or cancel your order for any reason, including without limitation if a Product is incorrectly described, priced and/or is unavailable.
Tax. Sales tax will be included with orders placed in and/or shipping to Virginia. We reserve the right to include sales tax with any and all orders where required by law in those states.
Payment. All payments are processed through PayPal® and/or Stripe®. At no time and in no capacity does Tidewater Metalworks, LLC accept or process payments, or payment information, or access, handle or retain payment information. All purchases are restricted to users ages eighteen (18) and older, or if you are under the age of eighteen (18), you must be at least thirteen (13) and any purchases must be made with the full knowledge and consent of your parent or guardian, who shall be deemed as agreeing to these Terms of Use.
Product Specifications. We make every reasonable effort to display pictures of Products and offer supplemental information regarding Product specifications, including without limitation size, color, and dimensions and information regarding any expected variation thereof, on our Website that accurately depict the Products offered for sale. However, because of the handmade nature of our Products and due to variation inherent to our proprietary manufacturing techniques, we do not guarantee, nor shall be held liable for variations between the pictures of Products and the appearance of Products sold to you. We offer pictures of Products for illustrative purposes only and offer information regarding Product specifications as a guide only.
Correspondence and Purchases. All correspondence, requests for information and questions should be directed to our contact form where users may complete the appropriate fields, including name, subject, email address, and content of comment or inquiry. To complete a purchase of any Products and/or Services available for purchase through the Website, or inquiries seeking information about any Products and/or Services available for purchase through the Website, it will be required for you to provide information relevant to your purchase or inquiry including, but not limited to, your name, shipping address, and email address. This information is required and will be used for correspondence related to your purchase of, or inquiry about, our Products and/or Services, to ship your order to you, to provide shipping details and shipment tracking information to you, and/or to provide customer service.
Return Policy. Information about returns and exchanges is available here.
Shipping. Information about shipping is available here.
General Legal Terms
Eligibility. Access to and use of the Website and our Services, and purchase of our Products, are restricted to users ages eighteen (18) and older. By accessing or using the Website or our Services, or purchasing our products, you thereby represent and warrant that you are at least eighteen (18) years of age or older, or if you are under the age of eighteen (18), that you are at least thirteen (13) and are accessing or using the Website or Services, or are making any purchases, with the knowledge and consent of your parent or guardian, who is hereby deemed as agreeing to these Terms of Use.
Use. Any and all data, designs, graphics, headers, icons, illustration, information, logos, music, photographs, sound, text, trademarks, video, or any other content that appears or is found on the Website (“Content”) are copyrighted material owned by Tidewater Metalworks, LLC. Tidewater Metalworks, TWMW and the MW (Stylized/Design) logo are registered and unregistered trademarks of Tidewater Metalworks, LLC. You shall not distribute, exhibit, post, publish, reproduce, take, transmit, or in any way use or derive benefit from the Tidewater Metalworks name and/or logo, or any Content in any manner that does not abide by these rules and regulations. Further, the Products and designs that appear or are found on this website, or which are produced by Tidewater Metalworks, LLC and its proprietors, are copyrighted by Tidewater Metalworks, LLC and shall not be replicated or reproduced without obtaining express written consent of Tidewater Metalworks, LLC.
Intellectual Property. All Content and Products that appear or are found on the Website are the sole intellectual property of Tidewater Metalworks, LLC. All Content and Products are protected under the copyright, trademark and other intellectual property laws of the United States and/or foreign countries (“Intellectual Property Laws”). Further, our proprietary manufacturing processes are the sole intellectual property of Tidewater Metalworks, LLC, and shall not be disclosed, reproduced, or in any other way violated. Such Intellectual Property Laws prohibit the unauthorized distribution, exhibition, posting, publishing, reproduction, taking, transmission or any other use of any and all Content, as well as physical reproductions of jewelry designs or replication of our proprietary manufacturing processes. Violation of any applicable Intellectual Property laws may result in legal action.
Third-Party Links. The Website includes links to external websites operated by third-parties. These third-parties include without limitation content or services from APIs, payment processing services, and website hosting services. Such links are provided for your reference only. Tidewater Metalworks, LLC neither controls, nor assumes responsibility for the actions, content, practices, or privacy policies of any third-parties. By using or accessing the Website you acknowledge and agree that Tidewater Metalworks, LLC shall not be responsible or liable, either directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any third-parties.
Product Warranty. Information about our product warranty is available on the Shipping, Returns and General Information page.
Disclaimer of Warranty. Use of this Website is at your own risk. Tidewater Metalworks, LLC makes no representation or warranty, express or implied, about error-free, secure, timely or uninterrupted use of the Website, and shall have no liability or responsibility for any damage or loss experienced as a result of you or anyone else using or accessing the Website, nor for any errors, inaccuracies or omissions in the Website, and we reserve the right to correct these at any time. Tidewater Metalworks, LLC makes no representation or warranty whatsoever about the accuracy, adequacy, completeness or currency regarding any of the information on this Website. The Website is offered “as-available”, “as-is” and “with all faults” and makes no representation or warranties or conditions, express or implied, regarding durability, fitness for a specific purpose, merchantability, merchantable quality, non-infringement, and/or title.
Indemnification. By using or accessing the Website, you hereby release and waive any and all claims and/or liability against Tidewater Metalworks, LLC, including without limitation its agents, contractors, employees, interns, officers, owners, proprietors, service providers, subcontractors, and/or suppliers arising from or in connection with your use of the Website. Further, you hereby agree to defend, indemnify and hold harmless Tidewater Metalworks, LLC, from and against, any and all claims or demands, including costs and attorneys fees, arising from or in connection with your breach of these Terms of Use or the documents they incorporate, or your violation of Applicable Law or the rights of a third-party.
Applicable Law - Regarding the use of our Website, all laws, where applicable, shall be followed, including all local, state or federal laws pertaining to any of the following, including without limitation: copyright infringement, defamation, harassment, libel, product disparagement, slander, trademark infringement, tort (“Applicable Law”).
Dispute Resolution. All disputes, to include without limitation all claims and controversies, arising under or related to contract, ordinance, regulation, statute, tort, or any other legal or equitable theory (“Disputes”), between you and Tidewater Metalworks, LLC shall be resolved by binding arbitration and must be brought within one (1) year of purchase. All disputes will be arbitrated by the American Arbitration Association® (AAA®), www.adr.org, and arbitration will be done before a single arbitrator. The laws of the Commonwealth of Virginia, the Federal Arbitration Act, and the federal laws of the United States, without regard to the choice or conflicts of laws principles thereof, will apply to all matters relating to this Website and the Terms of Use.
Severance. If any provision of these Terms is determined to be unlawful, unenforceable or void, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the voided portion shall be deemed severed from these Terms. Further, such a determination shall not affect any other provisions within these Terms.
Termination. Tidewater Metalworks, LLC, in accordance with the Terms of Use, may at any time revoke or suspend your access immediately, without prior notice or liability, for any reason whatsoever and without limitation, for breaching these Terms.
Amendments. Tidewater Metalworks, LLC reserves the right, at our sole discretion, to amend, revise or update these Terms of Use at any time as necessary. Any and all amendments will become binding upon you from the time at which the revisions are made and posted on the Website.
Contact Us
Any questions about these Terms of Use can be directed here: Contact Us.