Terms & Conditions

Shore Brake Metal

Effective Date: January 1, 2025

1. Introduction

Welcome to ShoreBrake Metal (“ShoreBrake Metal,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your use of our website, located at www.example.com (the “Site”), and any related services, products, features, content, or applications we offer (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must discontinue use of our Services immediately.

2. Eligibility

  1. Age Requirement: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Services.

  2. Legal Capacity: By using our Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms and to comply with them.

  3. Location: You are responsible for ensuring that your use of the Services complies with all laws and regulations applicable in your jurisdiction.

3. Account Registration

  1. Registration: Certain features of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process.

  2. Security: You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You must promptly notify us of any unauthorized use or suspected security breach.

  3. Account Termination: We reserve the right to suspend or terminate your account at our discretion, including for violations of these Terms or any applicable law.

4. Orders, Pricing & Payments

  1. Order Acceptance: All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including pricing errors or product availability.

  2. Pricing: Prices displayed on the Site are subject to change without notice. We strive to ensure the accuracy of pricing information, but errors may occur. If we discover a pricing error, we will contact you to determine whether you wish to proceed with the order at the correct price.

  3. Payments: All payments must be made at the time of purchase using valid payment methods. We use third-party payment processors; by placing an order, you agree to their terms of service and any associated fees.

  4. Taxes & Duties: You are responsible for paying any applicable taxes, duties, or other governmental fees imposed by local, state/provincial, federal, or international authorities.

5. Shipping & Delivery

  1. Shipping Methods: We offer various shipping methods, as described at checkout. Shipping costs and estimated delivery times vary depending on your location and the selected shipping method.

  2. Delivery Estimates: Any delivery timeframes provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, weather, or other factors beyond our control.

  3. Risk of Loss: Risk of loss or damage to products passes to you upon our delivery of the products to the carrier.

6. Returns & Refunds

  1. Return Policy: We want you to be satisfied with your purchase. If you are not satisfied, please review our Return & Refund Policy (or contact us) for instructions on initiating a return.

  2. Condition of Returned Items: Items must be returned in their original condition (unless defective) to be eligible for a refund or exchange.

  3. Refund Processing: Refunds will be processed once we receive the returned item and confirm that it meets our return criteria. Original shipping costs may be non-refundable.

7. Intellectual Property

  1. Ownership: All content on the Site, including text, graphics, logos, images, designs, icons, photographs, video clips, audio clips, digital downloads, data compilations, and software, is the exclusive property of ShoreBrake Metal or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws.

  2. Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. No right, title, or interest in or to the Services or any content on the Site is transferred to you.

  3. Restrictions: You may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services without our express written permission, except for your personal, non-commercial use.

8. User Conduct

You agree not to:

  1. Violate Laws: Use the Services for any unlawful purpose or in violation of any local, state, provincial, national, or international law or regulation.

  2. Interfere with Services: Interrupt, disrupt, or inhibit the proper operation of the Services, including by transmitting any viruses, malware, or harmful code.

  3. Misrepresent Yourself: Impersonate any person or entity, or provide false information when creating an account or placing an order.

  4. Unauthorized Access: Attempt to gain unauthorized access to any portion of the Site or Services, or any systems or networks connected to the Site, by hacking, password “mining,” or any other illegitimate means.

  5. Collect Data: Collect or harvest any personally identifiable information, including account names or email addresses, from the Site or Services without our express consent.

9. User-Generated Content

  1. Content Submission: If you submit or post any content (“User Content”) to the Site, such as reviews, comments, or images, you grant ShoreBrake Metal a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, distribute, modify, create derivative works of, publicly display, and otherwise exploit such User Content.

  2. Representations & Warranties: You represent and warrant that you own or have the necessary rights, licenses, and permissions to submit the User Content and to grant the license outlined above, and that the User Content does not violate any third-party rights or applicable laws.

  3. Removal: We reserve the right to remove or modify any User Content at our discretion, including content that we believe violates these Terms or is unlawful, offensive, or otherwise objectionable.

10. Disclaimer of Warranties

  1. As Is, As Available: The Services and all products sold through the Site are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

  2. No Warranty: To the fullest extent permitted by law, ShoreBrake Metal disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  3. No Guarantee: We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You agree that use of the Site and Services is at your own risk.

11. Limitation of Liability

  1. Indirect Damages: To the maximum extent permitted by applicable law, ShoreBrake Metal and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Services.

  2. Maximum Liability: In no event shall the aggregate liability of ShoreBrake Metal for any claim arising out of or relating to these Terms or the use of the Services exceed the amount you paid for the product or service at issue or one hundred dollars (USD $100), whichever is greater.

  3. Jurisdictional Limitations: Some jurisdictions do not allow limitations on implied warranties or exclusions/limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

12. Indemnification

You agree to defend, indemnify, and hold harmless ShoreBrake Metal, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your violation of these Terms;
  2. Your use of the Services;
  3. Your User Content;
  4. Any misrepresentation or breach of representation or warranty made by you.

13. Termination

  1. Termination Rights: We reserve the right, at our sole discretion, to suspend or terminate your access to all or part of the Services at any time without notice and for any reason, including if you breach these Terms.

  2. Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law & Dispute Resolution

  1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Escambia County, Florida, without regard to its conflict of law principles.

  2. Venue: Any dispute arising out of or in connection with these Terms shall be brought exclusively in the courts located in Escambia County, Florida, and you consent to the personal jurisdiction of such courts.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. When we do, we will revise the “Effective Date” at the top of this page. Your continued use of the Services following the posting of revised Terms signifies your acceptance of the changes.

16. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

17. No Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by ShoreBrake Metal, constitute the entire agreement between you and ShoreBrake Metal relating to your use of the Services and supersede any prior agreements or understandings (written or oral).

19. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

ShoreBrake Metal
Email: [email protected]
Address: 913 Gulf Breeze Pkwy Gulf Breeze, FL 32561 Suite 8
Phone: +1 (850) 495-1406