Terms & Conditions

Last Modified: 18 Feb 2024

These Terms of Use (“Terms”) govern your use of the www.findtranquil.com website (the “Site”), operated by Tranquil Products, LLC (“Tranquil”, “us” “we”, and “Company”). By accessing or using the Site, you affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are unable to comply with them, please do not use the Site.

Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, or terms or conditions of use specific to the products or services provided by us or made available through the Site. By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms.

WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE, OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPNAY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NTO ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. You may not use this Site if you:(i) do not agree to these Terms; (ii) are not 21 years of age; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, products, or services by applicable law.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms.

CHANGES TO TERMS OF USE

We update these terms from time to time. The most current version of the Terms can be reviewed at any time on its page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes on our website. If we make material changes to the Terms, we will post the revised Terms on the Site noting the revised effective date.  It is your responsibility to periodically check this page for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, your use of the Services, and immediately in case of technical difficulties. We will not be held liable for any such modification, suspension, or discontinuance. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Your Personal Information (as that term is defined in our Privacy Policy and, for residents of California, in our California Privacy Notice) will be used and protected in accordance with our Privacy Policy.

Product descriptions and specifications are provided on our website and may be subject to change without notice. Prices for our products and services are subject to change without notice. Full payment is required before any product or service is delivered.

By agreeing to these Terms of Service, you represent that you are at least 21 years of age. If you are not 21 years of age, you are not allowed to use this Site or any of the Services.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

LICENSE AND USER CONDUCT

Tranquil grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms, and any rules or guidelines found on the Site. All rights not expressly granted in these Terms are reserved for Tranquil. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the service is provided, without express written permission by us.

You will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; (g) violate any applicable local, state, national, or international law(s); or (h) violate any rules of the Site as posted thereon. You also agree that you will not: (i) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any other illegitimate means: (j) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site; or (k) sell, share, provide access to, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activities or uses, in our sole discretion.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as expressly permitted herein or as provided for on the Site.

Your use of the Site pursuant to these Terms is limited to (1) receiving information about our company, Site, products, services, and business activities; (2) accessing the Site; and (3) selling, trading, or purchasing products or the Services through the Site. You may access, download, and print Site materials only as necessary to transact business with Tranquil and receive information available on the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on Site materials.

We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site at any time in our sole discretion.

The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws.

We reserve the right to change, suspend, remove, or disable your access to the Site at any time without notice and for any reason in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in any case, for any reason, and without notice or liability, again, in our sole discretion.

We reserve the right to refuse service to anyone for any reason at any time.

PRODUCTS DISCLAIMERS

YOU MUST BE 21 YEARS OF AGE OR OLDER TO ACCESS OR UTILIZE THE SITE.

By purchasing products from the site, you acknowledge that you will not buy products from the Site for use or possession by a minor, and you commit to taking reasonable precautions to ensure that the products do not end up in the hands of a minor (or anyone under 21 years of age). While we do not market products to children, we do sell them to adults 21 years of age and older who can make purchases using a credit card or other approved payment methods. Our product offerings comply with federal and state laws. We refrain from selling or promoting products whose possession or sale is illegal under federal or state law. In our sole discretion, we reserve the right to refuse Services, terminate accounts, modify or remove content, or cancel orders. It is assumed that you have read and comprehend these Terms, which explicitly mandate legal age requirements to use this site, its Services, or to purchase any products.

We disclaim liability or responsibility in the event that you are not of legal age to use this site, its Services, or to purchase products, or if you attempt to circumvent our age requirements outlined in these Terms. Each user is entirely responsible for their account, and we bear no liability if your account is misused by others. Apart from any other indemnification obligations stated elsewhere in these Terms, you expressly agree to defend, indemnify, and hold us harmless from any and all liabilities, obligations, claims, expenses, demands, and causes of action arising from the foregoing.

USE OF THE PRODUCTS SOLD ON FINDTRANQUIL.COM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED”.

CALIFORNIA PROP. 65: THIS PRODUCT MAY CONTAIN CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS, OR OTHER REPRODUCTIVE HARM.

PRODUCT AVAILABLE ON FINDTRANQUIL.COM HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

ANY STATEMENTS APPEARING ON THIS WEBSITE HAVE NOT BEEN REVIEWED OR EVALUATED BY THE FDA.

TRANQUIL IS NOT RESPONSIBLE FOR THE ACTIONS OF INDIVIDUALS WHO TAKE THIS PRODUCT.

INFORMATION YOU PROVIDE

You understand that any information you provide to us through the Site (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Any credit card information you provide us through the Site will be encrypted throughout its processing and transfer.

We encourage all customers to follow the laws set forth by their Country, State / Province and local municipalities. Regardless of state hemp laws, we employ a third-party age verification system to confirm that all purchasers and uses are 21 or older, which may involve collecting user photo-IDs and cross-referencing user identities against multiple databases. This verification process, incorporated into our checkout, requires your driver’s license/ID information and the last four digits of your social security number, which is processed and securely stored in your customer account (if applicable). While this process is a one-time requirement under your personal account, you will be asked to verify this information from time to time to ensure access to your account is secure and we appreciate your cooperation in ensuring that our Services and products remain inaccessible to minors. Once user age is verified, all such data is retained for up to 30 days and then securely destroyed (for more information please see our Privacy Policy).All products sold will be considered sold for personal use and not for resale take no responsibility if they are used in any fashion that can be considered illicit or illegal.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You agree that all information you provide to us or post on the Site will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide or post it, and that it does not violate any third party’s intellectual property or privacy rights. Any information or materials you provide us via the Site, post to the Site, or otherwise, including feedback, responses to questions, comments, documents, photographs, suggestions, or the like will be deemed to be non-confidential and owned exclusively by Tranquil. We will have no obligation of any kind with respect to such information. By uploading, sending, posting, or otherwise providing any information or material, you grant Tranquil an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that Tranquil is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose in its sole discretion, including for use in creating derivative works.

You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Site. We may, in our legitimate interest in maintaining the Site, also collect information about the system and application software you use as well as information about device peripherals you employ. And we may collect information about your activities on the Site, like the duration and frequency of your usage sessions, information regarding your browsing history, whether you are a first-time or a returning user, links you clicked on while on the website, and your flow and navigation path through the website. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services and products to you (if any). We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services, Content or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Site can be found in our Privacy Policy.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.You agree not to submit comments that defame the Company or its products or make claims about medical conditions or symptoms—such comments or testimonials will be removed by the Company. Repeated violation of this provision will result in legal action against you. You further agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your comments will also not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Service or any related website. Use of a false email address, pretending to be someone other than yourself, or misleading us or third parties about the origin of any comments is prohibited. You bear sole responsibility for the accuracy of any comments you make. We assume no responsibility and accept no liability for any comments posted by you or any third party. WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER COMMENTS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON COMMENTS POSTED BY OTHER USERS WILL BE AT YOUR SOLE RISK.

YOUR TRANQUIL ACCOUNT

If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. When making purchases from the Site, you agree to pay all fees and charges associated as indicated. All such fees are nonrefundable.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit https://www.findtranquil.com/refund-exchange-policy/.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction in our sole discretion. We may exercise this right on a case-by-case basis or as a policy as we see fit and for any reason we may decide in our sole discretion. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We hold the right to reject any order you submit to us. In our sole discretion, we may choose to limit or cancel quantities purchased per individual, household, or order. Such limitations may extend to orders placed under the same customer account, using the same credit card, and/or sharing the same billing and/or shipping address. If a change is made to or an order is canceled, we will make an effort to notify you by reaching out to the email and/or billing address/phone number provided during the order placement. We retain the right to restrict or disallow orders that, in our sole judgment, appear to be made by dealers, resellers, or distributors. You commit to providing up-to-date, complete, and accurate purchase and account information for all transactions. It is your responsibility to promptly update your account and other details, including email address and credit card information, to facilitate the completion of your transactions and enable us to contact you as necessary. You acknowledge and consent to the storage of such information, including your credit card numbers, by us and our third-party service providers, in accordance with the terms outlined in our Privacy Policy. For more information, please refer to our Returns Policy.

CANCELING AN ORDER

Orders may be Canceled for a full refund any time before shipping.  Once an order has been shipped, it cannot be canceled.

INCORRECT / DAMAGED PRODUCTS

We try very hard to carefully select the correct products and securely package them for shipment.  However, sometimes mistakes do happen.  If you receive a shipment and the wrong product was sent to you or the product you received is damaged, we will reship and send you the correct product at our expense, in accordance with our Return Policy.

Shipping Policy

Please review our Shipping Policy prior to your purchase of any item from this Site, by purchasing through Tranquil’s Site, you acknowledge and agree to this Shipping Policy.

Some products may not be eligible for shipping to certain geographical locations due to warranty issues, manufacturer requirements, legal restrictions, and other factors. You will be notified during the order placement if we are unable to ship specific items to the address you provided. Please check the product detail pages for any item-specific shipping restrictions, as outlined in our Shipping Policy. We reserve the right, in our sole discretion, to cancel any shipment and issue a full refund.

All items acquired from us are subject to our Shipping Policy. This implies that the risk of loss and ownership of such items transfer to you upon the carrier’s delivery. We disclaim responsibility for items lost during transit, items dispatched to an incorrect address, products seized by customs or governmental agencies, or international fees imposed by your country or third parties.

FORCE MAJEURE/DELIVERY ISSUES

You agree not to hold us accountable for any disruption to our service or the inability to deliver our product due to reasons beyond our control. These reasons may include, but are not limited to, acts of God, pandemics, epidemics, changes in law, law enforcement actions, government orders, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, lawful and unlawful labor strikes, postal service or courier service disruptions, infrastructure disruptions, communication failures, material shortages, adverse weather events, or any other circumstances that may be beyond our control, rendering the performance of your order impossible.

If you experience and such issues with delivery, such as delayed or missing packages, please contact our customer service team for assistance. Tranquil is not responsible for delays caused by the shipping carrier but will do our best to assist in resolving these issues on your behalf.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products, information, documents, software, materials, and/or Services available via our Service may include materials from third parties (“Third-Party Materials”). We have no control over Third-Party Materials, nor do we sponsor or endorse them by implication. You agree that Tranquil is not responsible or liable for any Third-Party Materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Third-Party Materials available through a third-party website or internet resource.

By using the Site, you acknowledge and agree that Tranquil is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.

RESPONSIBILITY OF WEBSITE VISITORS

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tranquil disclaims any responsibility for any harm resulting from use by visitors of the Site, or from any downloading of content by those visitors.

INTELLECTUAL PROPERTY

Tranquil assumes no liability for any action regarding transmissions, communications, or content provided by any user or third party. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Site have been copied in a way that constitutes copyright infringement, you may submit a notification to our legal department as noted below.

The entire content of the Site, including, but not limited to, text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark, and other intellectual property laws and is owned, controlled, or licensed by or to Tranquil. Your use of the Site does not grant you any rights to the Site or any of the Content except as explicitly described on the Site.

The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.

All trademarks, service marks, logos, taglines, copyrightable works, and trade dress depicted on the Site are owned, controlled or licensed by Tranquil, licensed to Tranquil, or are the property of their respective owners. You agree not to reproduce, imitate, alter, display, distribute, or use such intellectual property, in whole or in part, in any manner, without the prior written permission of Tranquil.

Subject to your compliance with these Terms, Tranquil grants you a limited, non-exclusive license to access and use portions of the Site, provided that your access and use is lawful and non-commercial and that you do not: reproduce, distribute, or use Content without proper authorization; change or delate any proprietary notices from downloaded or printed materials; copy or post Content on any networked computer or device; broadcast it in any media, including social media; or make any representations or warranties relating to such Content.

Other than as described here or on the Site, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.

Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or its Content except as permitted or consented to by these Terms.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Tranquil respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Site (or any portion of the Site) infringes upon your copyrights, please provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;
• A description of the copyrighted work that you believe has been infringed;
• The specific location on the Site of this allegedly infringing material;
• Your address, telephone number, and email address and any other pertinent information sufficient to allow Tranquil to contact you about the allegation;
• A statement by you that you have a good faith belief that the disputed use is not authorized by copyright owners, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Notices of claimed copyright infringement should be directed to:

By email: info@findtranquil.com

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

DISCLAIMER OF WARRANTIES

THE SITE, ITS CONTENT, AND THE SERVICES (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE OR WITH THE SERVICES WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE, ITS CONTENT, THE SERVICES AND OF ANY ACCESS TO OR USE OF THE SITE, ITS CONTENT, AND THE SERVICES.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE, ITS CONTENT, OR THE SERVICES WHETHER EXPRESS OR IMPLIED, WRITTEN OR NOT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, ITS CONTENT, AND THE SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TRANQUIL, ITS AFFILIATES, ITS SUBSIDIARIES, ITS RELATED COMPANIES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, INFORMATION CONTAINED WITHIN THE SITE, OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USE OF THE SERVICES. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE OR SERVICES, IF ANY, OR $500, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

TRANQUIL SHALL NOT BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF THE INFORMATION OR SERVICES ON THIS WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANYONE’S USE OR MISUSE OF THE INFORMATION OR SERVICES. TRANQUIL SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED IN ANY WAY THROUGH THE USE OR MISUSE OF INFORMATION OR SERVICES ON THIS WEBSITE. THIS INCLUDES BUT IS NOT LIMITED TO PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHICH MAY BE PERCEIVED BY YOU, AS THE WEBSITE USER, TO BE CAUSED BY THE INFORMATION OR SERVICES ON THIS WEBSITE, OR BY USING THIS WEBSITE.

Any claim under these Terms must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. Any claim brought by you is subject to the Limitation of Liability set forth above.

INDEMNIFICATION

You agree to defend, indemnify, and hold Tranquil and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with us in asserting any available defenses.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern you, your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

DISPUTE RESOLUTION

In the event of a dispute, claim, or controversy arising out of or related to these Terms or your purchase of products from the Site, will be, to the fullest extent permitted by law, resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect at the time the arbitration is file. The arbitration will be conducted before a single arbiter appointed by the AAA. All proceedings will be in English in Oklahoma city, Oklahoma, USA or in such other place as where Tranquil Products, LLC, holds its principal place of business. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages concerning any dispute resolved by arbitration.

The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If, for any reason, a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

Judgment on the award of the arbitrator may be entered in any court having jurisdiction, within the United States of America and subject only to those such States where Tranquil ship products, as set forth on in the Shipping Policy. Each party waives any right to adjudicate any dispute in any other court or forum, except that a party may seek interim relief before the start of arbitration as allowed under the AAA rules.

GOVERNING LAW

These Terms and the resolution of any dispute related to these Terms, the Site, the Services, or the Content, will be governed by and construed according to the laws of the State of Oklahoma, without regard for its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Site, or the Services will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Oklahoma City, Oklahoma.

CONTACT INFORMATION

Questions about the Terms should be sent to us at help@findtranquil.com