Terms of Service

Welcome to the Florida Cotton Company.  We own and operate the website www.floridacottonco.com. Please review the following terms of use that govern the use of our website.  Please understand that your use of our site constitutes your agreement to follow and to be bound by these terms.  If you do not agree to the terms outlined below, then please leave this website immediately.  

We may update our terms of service from time to time, so you should visit this page periodically to review this document.  Please note the date of the most recent update located at the end of this submission.

Copyright Policy

Unless otherwise noted, all content included on this website is the property of the Florida Cotton Company and is protected by United States and international copyright laws.  Images of people, products and locations found on this website are the property of the Florida Cotton Company and Riad Shalaby, or are used with express permission granted to the Florida Cotton Company, LLC.  Any unauthorized use of any of the content on this website is strictly prohibited and may violate copyright laws, trademark laws, and / or privacy laws.  

No content provided by this website maybe reproduced, distributed, publicly displayed, or used for the creation of a derivative work in any form without the express written permission of the Florida Cotton Company.

If you submit, post, upload, display images, photos, data, text,  graphics, or other materials (content) to this website in any form, then you grant the Florida Cotton Company, LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use and to archive the content in accordance with this terms of use agreement.  

When you post, submit, or upload content to this website you represent and warrant that you own all copyrights to the content, or if you are not the owner, then you have permission to use the content, you have the right to reproduce the content and you license the Florida Cotton Company with the right to use the content in accordance with the terms of this agreement.  In addition, you guarantee that you and your content will not infringe on the intellectual property rights, including; copyright, trademark, patent, or privacy rights.  

We reserve the right to review, and if necessary remove any content from our website.  This means that you, not the Florida Cotton Company are entirely responsible for all content that you upload, post, email or transmit to us.

Trademarks

All trademarks, service marks, and trade names that appear on this website are proprietary to the Florida Cotton Company or the other respective owners of such marks. You may not display or reproduce the marks in any manner without the prior written consent of the Florida Cotton Company and you may not remove or otherwise modify any trademark notices from any content offered or received through this website.

Limited License and Site Access

You have a limited license to use our website for your personal use only.  You may not: (a) resell, or make commercial use of any of the content, (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the content in any form or on any media, (c) reproduce, distribute, publish, download, or transmit any of the content on this website in any form or by any means, (d) upload, or otherwise transmit through the website any unlawful, harmful, vulgar, or otherwise objectionable material of any kind, or any material that may cause harm to computers of any kind, (e) use any data mining technologies including, spiders, or any automated tools to gather information from the website, or collect any information from consumers or visitors on the website, and (f) assist any person or business in engaging in any of the aforementioned activities.

At our sole discretion, The Florida Cotton Company has the right to pre screen, refuse, or remove any content.  You agree that you bear all risks associated with the use of any content on this website.  Without limiting other prospective remedies, we may limit, suspend, or terminate our service, or customer accounts, or we may prohibit access to our site and you understand that we may take legal action to keep visitors off of our website if we believe they are compromising, or acting inconsistently with the letter and spirit of our terms of use.  

Membership in the Beach Club

Customers may register and become members in our Beach Club.  Members enjoy exclusive benefits including; nonpublished product discounts, private access to limited edition products, early sale notifications, invitations to special events and purchasing incentives.

Membership is complimentary and requires you to register on the website.  Registration involves providing some personal information.  You may discontinue (opt out) of promotional notifications and cancel your membership at any time by sending an email to [email protected].  

You understand and agree that you are responsible for the activity that occurs on your account and you must keep your passwords secure.  You are required to notify us immediately if there has been a breach of security, or unauthorized access to your account.  You hold the Florida Cotton Company harmless and we are not liable for any losses caused by any unauthorized use or access to your account.

Payments and Fees

The Florida Cotton Company, LLC currently accepts the following credit cards: American Express, VISA and MasterCard.

When you purchase a Product, or use a Service that has a fee, you will be charged the then current fees. Your purchase will be submitted for processing as soon as you click on the “place order” button. You will then receive an e-mail from us confirming your purchase.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment you tendered and, that you are either the cardholder or have the cardholder’s express permission to utilize the credit card to effect payment.  You are responsible for paying all fees, and the applicable taxes associated with the sale of our products and services.  Payment of the total price plus all other service charges must be made in full before your products are shipped to you.

You understand and agree that we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party for any reason for refusing or suspending any transaction after processing has begun.  All fees and payments are quoted in U.S. Dollars.

Taxes

You are responsible for all sales taxes and our prices do not include sales tax.  Sales tax will be itemized and only charged at checkout for purchases made within the State of New York.

Shipping and Returns

If you have any questions about our shipping and return policies, then please click here.

Website Content and Product Descriptions

We go to extraordinary lengths to display the products on our website as accurately as possible.  However, the colors we use, as well as the display and color capabilities of your computer monitor, laptop, palm top, or telephone may impact the colors you see on your screen. The Florida Cotton Company cannot guarantee that your monitor’s display of any color, texture, or detail of merchandise will be accurate.

We have a policy of continuous product and technological improvement.  As such, we reserve the right to amend or modify; our website, the specifications of our products, our product prices, our packaging and any service associated with any of the aforementioned areas at any time and without prior notice.

Before ordering we encourage you to review the product descriptions. We use our best efforts to provide you with the best images and descriptions to insure your satisfaction. Unfortunately cannot guarantee that colors and the images are 100% accurate representations of the products, their sizes or fitting requirements.  

If you are unhappy with your purchase then, you may return the item. Click here for our Return Policy.  We apologize for any inconvenience this may cause you.

Purchasing Products

Your order represents an offer to the Florida Cotton Company to purchase a product, or multiple products which is accepted by us once we have sent you an email order confirmation. Any Products on the same order which we have not been confirmed in an order confirmation e-mail do not constitute a part of this contract.

Orders are placed and received exclusively on www.floridacottonco.com website. It is your responsibility to determine your ability to receive the products you order.  Correct address and post code/zip code, up-to-date telephone number and an accurate email address are required to ensure the successful delivery of your products.  All of the information requested on the checkout page must be completed accurately.  The Florida Cotton Company is not responsible for non-delivery of your orders, because of an incorrect delivery address, phone number or email address.

The Florida Cotton Company shall under no circumstances be held liable for any special losses due to specific circumstances of the customer.

Limitations of Liability

In no event shall the Florida Cotton Company, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages of any kind resulting from any: (i) errors, or inaccuracies with regard to the content contained on this website; (ii) unauthorized access to or use of the website, our technological platforms, our partners technological platforms, or any and all personal information and/or financial information stored therein; (iii) interruption or cessation of transmission to or from the site; (iv) bugs, viruses, Trojan horses or the like that may be transmitted to or through our site by any third party; (v) errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this site; or (vi) use of any merchandise made available on or through the site, and whether or not the Florida Cotton Company or its officers, directors, employees, agents, service providers or licensors were advised of the possibility of such damages.  

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, you agree that because such warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and the Florida Cotton Company, and are fundamental elements of the basis of the agreement between you and the Florida Cotton Company, The Florida Cotton Company’s liability will be limited to the maximum extent permitted by law.  You understand and agree that the Florida Cotton Company would not be able to offer the service to you on an economically feasible basis without these limitations.

Governing Law

These Terms of Use and the relationship between you and the Florida Cotton Company shall be governed by the laws of the State of New York as if you signed these Terms of Use in New York. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Tompkins County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the website or your breach of these Terms of Use.

Indemnification

You agree to indemnify, defend, and hold harmless the Florida Cotton Company, its officers, directors, employees, agents, and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the website; (2) any allegations, damages or claims relating to any of your postings or communications in any of the facilities on the site, or for infringement or violation of any third-party rights; or (3) any violation by you of: (a) these terms of use; (b) the Florida Cotton Company’s privacy policy; (c) any other terms, guidelines or rules applicable to the site; or (d) any applicable laws, rules, or regulations.

In no event shall the Florida Cotton Company, or its officers, directors, employees, agents, licensors or service providers be liable in the aggregate for any damages incurred by you that exceed the amount you have paid the Florida Cotton Company in the 12 months prior to the action giving rise to the liability.

Severability

If any of these Terms of Service shall be deemed invalid, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Entire Agreement

These Terms of Service constitute the entire agreement between the customer, visitor, or user and the Florida Cotton Company with respect to this website and supersede all prior communications whether electronic, oral or written.

October 11, 2017