Terms and Conditions
Welcome and thank you for visiting our Good Shark online store! The Good Shark, LLC provides its products to you subject to the following terms and conditions. By accessing our website and using our site, you agree to be bound by these Terms and Conditions of Use. By completing and submitting an electronic order to purchase our products, you further confirm that you are at least 18 years of age, and that you agree to the terms and conditions that follow.
Your submission confirms your offer to purchase goods, which, if accepted by us, will result in a binding contract. Please note that products will not be sent until we have authorization of your payment. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
If you change your mind after placing an order, you may cancel it at any time before we deliver it to the carrier to be sent. Please see our contact information for our telephone number. You will need to provide your name, address, and order number to cancel your order.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use our services. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check this page periodically. Your continued use of our site after the posting of any changes serves as your acceptance of those changes.
Our store utilizes Shopify, Inc. to provide its online e-commerce platform.
Products
The Good Shark, LLC is proud to offer quality products. We stand behind our offerings and want you to be satisfied with your purchase. We make every effort to accurately represent the available listings and descriptions of products on our site. However, we make no guarantees as to the currency, completeness, accuracy, or reliability of such product images or descriptions. If you find a product is not as described, please contact us.
We make every effort to ensure the pricing and availability of the products listed on our site. However, we cannot guarantee that a product will always be in stock. Products may have limited quantities and are subject to return or exchangeaccording to our Return Policy. If a product is not available, we will make every effort to update the site in a timely manner to reflect the unavailability. The Good Shark, LLC has the right to correct any errors, inaccuracies, or omissions made on the site at any time and without prior notice including the right to cancel any orders containing pricing or availability errors after the receipt of an order confirmation. We reserve the right, but are not obligated to, limit the sales of our products to any person, region, or jurisdiction. We reserve the right to discontinue the sale of any product at any time.
The products offered on our site are intended for the personal use of our customers. Products are not intended for commercial sale.
Orders
You represent and warrant that you are 18 and have the right to use and the means of payment you provide to us. By providing payment information to us, you authorize us to use the payment information for the purchases you make through our online store. Providing any inaccurate or untruthful information regarding billing or payment will result in the cancellation of your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all the products you selected as well as applicable shipping and tax costs.
We reserve the right to cancel or refuse an order for any reason including limitations on quantities available, inaccuracies in pricing or product information, or problems regarding fraud or inaccurate payment information. If a cancellation occurs after your payment has been processed, The Good Shark, LLC will issue a credit back to you through the payment method used in the amount of the charge.
Electronic Communications
When you visit our site or send e-mails to us, you are communicating with The Good Shark, LLC electronically, and thus, consent to receiving such communications. Upon providing your name and email address, we will communicate with you by e-mail regarding our products, upcoming promotions, invoices, changes to pricing or fees, termination of services, and other information regarding The Good Shark, LLC or its third-party partners. You agree that all agreements, notices, disclosures and other communications that The Good Shark, LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property
You acknowledge that The Good Shark, LLC, its licensors, and content and service providers own all rights, title, and interest including without limitation all Intellectual Property rights (as set forth below), regarding the use of the www.thegoodshark.com website and online store. “Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter The Good Shark, LLC’s copyright notice, trademarks or other proprietary rights notices affixed to, or contained within, or accessed in conjunction with, or through the use of The Good Shark, LLC’s online store or website.
Copyright: You agree that all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Good Shark, LLC or its content suppliers and is protected by national and international copyright laws. The compilation of all content on this site is the exclusive property of The Good Shark, LLC with copyright authorship for this collection by The Good Shark, LLC, and is protected by U.S. and international copyright laws.
Trademark: THE GOOD SHARK name, logo, trademark and trade dress (collectively The Good Shark “Marks”) may not be used in connection with any product or service that is not offered by The Good Shark, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Good Shark Marks or The Good Shark, LLC. You may not use THE GOOD SHARK name or mark, or any other proprietary graphic or trademark without express written permission.
All other trademarks not owned by The Good Shark, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Good Shark, LLC or its subsidiaries.
All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislations and treaties.
License and Site Access
The Good Shark, LLC grants you a limited, non-exclusive license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Good Shark, LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Good Shark, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Good Shark Marks, The Good Shark, LLC and/or our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Good Shark Marks without the express written consent of The Good Shark, LLC. Any unauthorized use terminates the permission or license granted by The Good Shark, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Good Shark, LLC so long as the link does not portray The Good Shark Marks, The Good Shark, LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Good Shark Marks or other proprietary graphic or trademark as part of the link without express written permission.
Prohibited Use
In addition to the other prohibitions set forth in the Terms and Conditions of Use, you may not use our site or its content for any unlawful, fraudulent, unauthorized or malicious purposes.
In connection with your use of our site or its content you agree that the following uses are expressly prohibited:
*violating the legal rights of others;
*entering data that is explicit, defamatory, obscene, racially, or ethnically offensive;
*sending altered or deceptive information or misrepresenting yourself, including “spoofing” or “phishing”;
*infringing the intellectual property right of others;
*violating any applicable law or regulation;
*violating any terms and conditions of this agreement.
If you engage in any prohibited activity under this agreement, The Good Shark, LLC may at its sole discretion, in addition to any rights of law or equity, suspend or terminate your use of its service and site without notice or liability.
Username and Password Responsibility
If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you suspect your password has been compromised, you will need to promptly change it. You agree to take responsibility for all actions taken under your account or password by you and any third-parties including any abuse or unauthorized use. If you are under 18, you may use our website only with involvement of a parent or guardian. The Good Shark, LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Please review our PRIVACY POLICY which governs your submission of personal information through our store to understand our practices.
Third-Party Providers
Our store utilizes Shopify, Inc. to provide its online e-commerce platform. The Good Shark, LLC may use additional third-parties such as Paypal, Inc. to sell, deploy, configure and/or support our website and online shopping services. By using our website and services, you consent to The Good Shark, LLC sharing your information as necessary to enable third-parties’ activities. Third-party providers are subject to a separate privacy policy and terms of use. By using our website and services, you indicate that you have reviewed the privacy policy and terms of use of our third-party service providers and agree to both.
You further acknowledge that we do not and cannot control any third-party service provider’s technology or actions and are not responsible for any cessation or interruption of the services, compatibility with the services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us, PayPal, Inc., Shopify, Inc.,or other third-party providers as part of the services.
External Websites and Links
The inclusion of a link to any other website or resources is for your convenience only. The Good Shark, LLC has no control over the content of these outside websites and makes no representation as to the quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. You agree that The Good Shark, LLC will not be held liable for any damages or claims arising from your use of these outside websites.
Warranties and Disclaimers
Product Descriptions: The Good Shark, LLC and its associates attempt to be as accurate as possible. However, The Good Shark, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Good Shark, LLC is not as described, your sole remedy is to contact us for a replacement product or refund.
Risk of Loss: All products purchased from The Good Shark, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
Warranties: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY THE GOOD SHARK, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GOOD SHARK, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GOOD SHARK, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE GOOD SHARK, LLC ASSUMES NO RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS, (B) PERSONAL INJURY OR ANY OTHER DAMAGE OCCURRING FROM YOUR USE OF THE SITE OR PRODUCTS,(C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVICES AND/OR ANY AND ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OR TO THE SITE BY A THIRD-PARTY, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. IF YOU FIND OUR ONLINE SHOPPING SERVICE/WEBSITE, IS NOT AS DESCRIBED YOUR SOLE REMEDY IS TO CEASE USE.
THE GOOD SHARK, LLC WILL USE BEST EFFORTS TO ENSURE ITS WEBSITE AND ONLINE SHOPPING SERVICES ARE DELIVERED AS EXPECTED. HOWEVER, THE GOOD SHARK, LLC WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURE IN DELIVERY OR PERFORMANCE OF ANY PART OF ITS WEBSITE OR ONLINE SHOPPING SERVICES, FROM ANY CAUSE BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, SUPPLY ISSUES, PANDEMICS, CHANGES TO LAWS OR REGULATIONS, LOSS OF POWER, ACTS OF HACKERS OR THIRD-PARTY INTERNET SERVICE PROVIDERS.
THE GOOD SHARK, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE GOOD SHARK, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE GOOD SHARK, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Other Terms
Applicable Law: By visiting the www.thegoodshark.com website, you agree that the laws of the Commonwealth of Massachusetts, in the United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and The Good Shark, LLC or its associates. You consent and agree that, without regard to principles of conflict of laws, all legal proceedings relating to the subject matter of this agreement shall be adjudicated within courts sitting within the Commonwealth of Massachusetts and that jurisdiction and venue shall be exclusively within these courts, except that, to the extent that you have in any manner violated or threatened to violate The Good Shark, LLC’s intellectual property rights, The Good Shark, LLC may seek injunctive relief or other appropriate relief in any state or federal court in the Commonwealth of Massachusetts, in the United States of America.
Please review our other policies, such as our SHIPPING AND RETURNS POLICY and PRIVACY POLICY posted on this site. These policies also govern your visit to the site. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The parties expressly agree that this agreement shall not be construed against either party as the drafter of the agreement.
Questions/Contact Information
Questions regarding our TERMS AND CONDITIONS OF USE, PRIVACY POLICY, SHIPPING AND RETURNS POLICY or other policy related material can be directed to our support staff by contacting us at the address below. You can also email us at: info@thegoodshark.com.
Contact us at:
Po Box 14
Franklin MA. 02038