TERMS OF USE & PRIVACY POLICY

Sebastians is pleased to provide you with the products, services, content, tools and information on this web site. Your use of this web site is subject to the following Terms of Use (Terms). This Terms statement is provided on behalf of Sebastians. These terms are a binding contract between you and Sebastians. By using or accessing this site, you accept and agree to be bound by these terms. Your use of the site is governed by the version of the Terms in effect on the date in which this site is accessed by you. Sebastians may modify these Terms at any time and without prior notice. You should review these terms from time to time, as your continued use of this site signifies your acceptance of any changed terms.

Sebastians will not disclose your name, address, email address, telephone number, fax number or purchasing decisions to any third party, unless we request and specifically receive your consent to do so.

All content included on this site is the property of Sebastians or its content suppliers and protected by United States and International copyright laws. All trademarks and service marks on the Sebastians web sites belong to Sebastians or an affiliate, except for third-party trademarks and service marks, which are the property of their respective owners. Accordingly, you may not copy, distribute, modify, post or frame-in this site, including any text, logos, graphics, video, audio, software code or user interface design without the expressed written permission of Sebastians.

You may not use any meta tags or any other hidden text utilizing the trademarks or trade names of Sebastians, or its affiliates without express written consent from Sebastians.

Links from another web site to Sebastians web site must resolve to the top-level homepage of Sebastians domain. Links to other portions of the web site, otherwise known as deep links, are prohibited without express written consent from Sebastians. All hyperlinks, including deep links to the Sebastians web site, and the third party web sites on which the hyperlinks appear, are prohibited from portraying Sebastians and/or affiliates as endorsers, sponsors or affiliates of the third party web sites, entities, services or products.

Because all servers have limited capacity and are used by many people, do not use this web site in any manner that could damage or overburden any Sebastians server, or any network connected to any Sebastians server. Do not use this web site in any manner that would interfere with any other partys use of this web site.
You are prohibited from using any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and from taking any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you are prohibited from using any robot, spider, other automatic devices or manual process to monitor or copy our web pages of the content contained herein, without the prior express consent from an authorized Sebastians representative.
Certain parts of this web site are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the site, or to any other protected materials or information, through any means not intentionally made available by Sebastians for your specific use.

Access to user accounts is accomplished through the use of a LOGIN Name and a Password, which you create. Your password should be kept strictly confidential to prevent unauthorized use. You are solely responsible for all activities that occur in connection with your LOGIN Name and Password. Notify Sebastians immediately if you become aware of any disclosure, loss, theft or unauthorized use of your LOGIN Name and Password. Or simply change your password.

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Sebastians reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your LOGIN ID number and password. In the event a check is returned or electronic payment is denied, Sebastians, may impose a fee to cover the cost of any charges incurred. If you fail to pay any invoices or charges on account, when due, Sebastians may charge such amount directly to the credit card identified in your customer profile and Sebastians may suspend or terminate your access to their on-line web site services. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Sebastians may incur in its efforts to collect any unpaid balances from you. Your right to use the Sebastians on-line web site services is subject to limits established by Sebastians. If payment cannot be charged to your credit card or a payment is returned to Sebastians for any reason, including chargeback, Sebastians reserves the right to suspend or terminate your access to their on-line web site services and your customer account. Sebastians also reserves the right to establish a credit limit for your account.

Sebastians may suspend or terminate the on-line web services at any time for any reason without prior notice to you. Sebastians reserves the right to collect any outstanding fees and charges incurred before you cancel the online web services.

Sebastians DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THIS WEB SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITE IS MADE AVAILABLE TO YOU AS IS AND AS AVAILABLE AND Sebastians DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. Sebastians DOES NOT WARRANT THAT THIS WEB SITE WILL MEET YOUR NEEDS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SCURE OR ERROR-FREE. Sebastians ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUAILTY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

SEBASTIANS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Sebastians HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM THEIR WEB SITES. Sebastians WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH SEAPORT COMPANIES DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPTMENT OR COMMUNCIATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVER OR EXTRAORDINATRY WEALTHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.

As a condition of your use of this site, you agree to indemnify and hold Sebastians harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of this web site, or from your violation of these Terms.

Sebastians may terminate your access to this web site for any reason, without prior notice.

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall insure to the benefit of Sebastians successor and assigns, whether by merger, consolidation, or otherwise.

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.