Terms and Conditions
Terms and Conditions
Agreement between User and www.ccreef.com
Welcome to wwwecreef.com. The www.ccreef.com website (the
"Site") is comprised of various web pages operated by
Christopher
Coomer, Coral Reef Enthusiast, Christopher Coomer Coral Enthusiast
(" CCREEF "). www.ccreef.com is offered to you
conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms").
Your
use of wwww.ccreef.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
www.ccreef.com is an E-Commerce Site.
If you have the option to buy your food from a big box store
or your local farmer's market. 9 times out of 10 you would rather buy from the
farmers market, right?
The food is generally riper and taste better but not
necessarily cheaper and sometimes can be more expensive. But the quality is
higher, there’s experiences and connections are made,
and you learn exactly how
your food is grown and prepared. What chemicals may or may not be used.
Overall, you usually end up paying for a much better product or produce.
Versus
paying for something that is sprayed to look like its ripe but still green and
that would have self-ripen 1 - 2 weeks before you can eat it.
Even with that
done it still may not taste the same or look as good as the one at the farmer’s
market.
That is exactly how CCREEF is operated! I Provide High
Quality Aqua-cultured Corals, Fish, Inverts, Echinoderms, Aquatic Plants and
much more.
I use stringent protocols to eliminate and prevent any possible
diseases, pest or any algae issues that may spread from my tanks to yours.
I
pride myself and to the BEST of my knowledge of not having any diseases, pest
or any algae issues at all. That may plague your aquarium.
Wholesale is offered in bulk quantities. I have a slew of
different species of corals and offer packs accordingly. I'm here to help
educate any reefing hobbyist who is willing to learn.
And I’ll try my best to
break the bad habits and help teach you properly. Most places if you want
something they will just let you buy it and hope for the best.
I will help you
level up your system to ensure long term survival.
I’m a HUGE believer in opened and honest communication. I
will try my best to help you even if you don't make a purchase from me.
All
items are grown from my personal collection from my personal tanks. I find
enjoyment, in watching things grow and I only frag and sell items as needed or
when my eye starts twitching ??.
This is not a large operation I don’t consider this an
operation. It’s a hobby of mine and I have so many species I have to find homes
for them as they grow.
That is the purpose of this website or any of my media
channels. I am limited on time and have a maximum number of species that I can
grow.
However, the items I do offer will be insanely healthy with maximum
coloration.
Privacy
Your use of www.creef.com is subject to CCREEF 's Privacy
Policy. Please review our Privacy Policy, which also governs the Site and
informs users of our data collection practices.
Electronic Communications
Visiting www.ccreef.com or sending emails to CCREEF’s
constitutes electronic communications.
You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and
other communications.
That we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer.
And you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You
acknowledge that CCREEF is not responsible for third party access to your
account that results from theft or misappropriation of your account.
CCREEF and
its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
CCREEF does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen.
If you are under
18, you may use www.ccreef.com only with permission of a parent or guardian,
Cancelation/Refund Policy
The buyer must contact CCREEF with the order number providing
any necessary details relating to the order.
In order to qualify the buyer must
text or email me no later than 36 hours / 1.5 days before the determined
shipped date.
Customers, will receive, a full refund regarding any item that is
purchased but not shipped assuming the 36-hour window is met,
If not met I
start pulling items and preparing online orders 24 hours ahead of the ship
date. If I receive a message at that time, then I will refund 70% of the
balance.
The remaining 30% will be used only in the form as Store Cancelation
Credit when or if you choose to order at a later time.
Cancelation Credits must
be used within 6 months of the original purchase. I am not a bank. I cannot be
held reliable, if your credit isn't used.
Or if you don't receive a notification
regarding your expiring Store Cancelation Credit. Store Cancelation Credits are
something that you must keep track of on your own.
Because the nature of what I sell are living animals /
plants.
Once shipped there are no refunds for any LIVE items including but not
limited too. Fish, Corals, Inverts, Echinoderms or any Aquatic Plant, animal or
Species.
Due to the additional stress from shipping. The overall condition of
the species.
In the event of DOA Please refer to my Dead-on Arrival -
(DOA) / Live Arrival Guarantee page.
Also Note: Store Credit is different from an item being
canceled.
Which I’ll refer to it as Store Credit Cancel. Please refer my Store
Credit Page to understand the difference in detail.
If a buyer purchases a living species such as Fish, Corals, Inverts, Echinoderms or any Aquatic Plant or any other Species that I haven’t listed.
The buyer must agree to follow all advice/request that I ask… These requests may include but not limited too.
As an Induvial
• Being completely Open, Honest and Trustworthy. – Please share your concerns, what you liked, why CCREEF did or didn’t meet your expectations. This is the time for feedback.
• Be courteous, considerate, and professional
• Treat all parties with respect.
CCREEF Standards
• Follows all CCREEF acclimating and floating procedures
• Follows directions for placement of corals.
• Agrees to submit or upload photos in a timely manner.
• Agrees to be present and prompt at the time of the package arriving.
• Buyer updates CCREEF within 2-hours on timestamp on the tracking number. Picture if needed.
• Agrees to communicate and keep me updated as frequently as possible.
• If asked a detailed list of tanks, the setup, # of gallons, equipment used and maturity /age.
• Provides full tank parameters when requested and brands of the test used. Those include but not limited to:
· Alkalinity
· Calcium
· Magnesium
· Phosphate
· Nitrate
· Ammonia
· Nitrite
· PH
Involving Shipping
• No matter the reason, never refuse a delivery. Always accept the package!
• If box is crushed or seams split open, I must have detailed pictures of entire box and Label.
• Agrees that I’m not liable for any delays due to shipping. Or any “Act of God events”
• Agrees that I’m not responsible if buyer wavers the option to have items delivered to a residence versus store pickup.
And because of their choice if the contents of the package are exposed to Bad Weather Conditions, Delays, Low or High Temps I’m not responsible.
• I cannot be held responsible for any destination challenges such as events / fairs and road closers. Any abrupt weather changes once I shipped the package its literally out of my hands.
Please stay updated to what’s going on in your area or around your surrounding state.
Example
- Tornado hit Arkansas and Oklahoma I’m not going to try to ship a package to Texas. I’ll wait a week to give emergency personal’s time to clear the roads.
This cannot be the sole responsibility of the seller.
Water Test Agreement
It doesn’t matter with your skill level we have all faced challenges, and there will always be challenges in this hobby. In the event of you losing an item or are seeking help.
I may ask you to send me a water sample or have your water sample shipped out to be tested.
I may even send you an ICP test to send out to be completely sure of the situation and we must rule out your water parameters.
Please note I understand mistakes/neglect happens. It may be an accident, it could be something leaching, a chemical or electrical hazards.
Don’t worry, I will help you determine the root cause and will figure out the best course of action.
All I ask is to please do not be frustrated/ aggravated. A lot of the corals I sell can be replaced easily. I would rather you lose a few corals then your whole system.
Standard Test
Agrees if requested to mail a cup of water for further testing. (Buyer is responsible for additional shipping cost ($5-$15)
ICP TEST
Agrees to have LAB GRADE ICP Test Preformed (Buyer responsible for additional shipping cost of test usually ($25-$50)
This could take 2-3 weeks of processing until results are back. A closer analysis would determine whether the issue from lack of maintenance / negligence. And if Store Credit would be offered.
Abiding / Adherence
If the purchaser or the intended recipient’s does not abide by these conditions, then any Live Arrival Guarantee is cancelled and void and absolutely no refunds and or credits will be given.
This includes the buyer trying to report or claim their purchase as fraud/scam through the Merchant or Merchants used to pay for the order.
In a last-minute effort to recover your funds. Remember you have received your items it's on us to be responsible human beings and do your due diligence to care for these living items.
If you don’t provide the care they need, I cannot be held reliable and I cannot help you.
What I (CCREEF) agree too with purchaser or recipient:
• Open and
Honest
• Treat
everyone with respect
• To ensure
package is properly secure and insulated.
• Proper
use of Ice / Heat packs as needed
• Communicate
to buyer throughout the processing of the order and during shipping to the
final destination.
• Providing
any pictures as requested.
• Actively
seek feedback to better reflect and make improvements.
• To be present for the customer I'll do my best to answer any email or situation within 24 hours.
This information could change at any time. Therefore, CCREEF encourages you to periodically review these terms and stay informed.
Links to Third Party Sites/Third Party Services
www.ccreef.com may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
CCREEF and
CCREEF is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site.
CCREEF is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by CCREEF of the site or any association with its operators.
Certain services made available via www.ccreef.com are
delivered by third-party sites and organizations. By using any product, service
or functionality originating from the www.ccreef.com domain,
you hereby
acknowledge and consent that CCREEF may share such information and data with any
third party with whom CCREEF has a contractual relationship to provide the
requested product,
service or functionality on behalf of www.ccreef.com users
and customers
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use wwnw.ccreef.com strictly in accordance with these
terms of use.
As a condition of your use of the Site, you warrant to CCREEF
that you will not use the Site for any purpose that is unlawful or Prohibited
by these Terms.
You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site.
You may not obtain o attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the Site
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of CCREEF
or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices,
legends or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify. publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of, the content, in whole or in part, found on the Site.
CCREEF content
is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights
or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of
CCREEF and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content.
We do not grant you any
licenses, express or implied, to the intellectual property of CCREEF or our
licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to
enable you to communicate with
the public at large or with a group (collectively "Communication
Services").
You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: defame, abuse, harass, stalk
threaten or otherwise violate the legal rights
(Such as rights of privacy and
publicity) of others: publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic,
name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control.
the rights there to or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer:
advertise or offer to sell or buy any goods or services for any
business purpose, unless such, Communication Service specifically allows such
messages: conduct or forward surveys, contests, pyramid schemes or chain
letters.
download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner: falsify or delete any author attributions,
legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded: restrict or
inhibit any other user from using and enjoying the Communication Services:
violate any code of conduct of other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent:
violate any applicable
laws or regulations.
CCREEF has no obligation to monitor the Communication
Services. However, CCREEF reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
CCREEF reserves the right to terminate your access to any or all the
Communication Services at any time without notice for any reason whatsoever.
CCREEF reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request,
or to edit, refuse to post or to remove any
information materials, in whole or in part, in CCREEF's sole discretion.
Always use caution
when giving out any personally identifying information about yourself or your
children in any Communication Service CCREEF does not control or endorse the
content,
messages of information found in any Communication Service and,
therefore, CCREEF specifically disclaims any liability with regard to the
Communication Services and any actions resulting
from your participation in any
Communication Service. Managers and hosts are not authorized CCREEF
spokespersons, and their views do not necessarily reflect those ofCCREEF
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination.
You are
responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.ccreef.com or Posted on Any CCREEF
Web Page
CCREEF does not claim ownership of the materials you provide
to. www.cereef.com (including feedback and suggestions) or post, upload, input
or submit to any CCREEF Site
or our associated services (collectively
"Submissions"). However, by posting, uploading, inputting. providing
or submitting your Submission you are granting CCREEF.
Out affiliated companies
and necessary sublicensees permission to use ‘your Submission in connection
with the operation of their Internet businesses including,
without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein.
CCREEF is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in
CCREEF 's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
the rights to your Submission.
As described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
Third Party Accounts
You will be able to connect your CCREEF account to
third-party accounts.
By connecting your CCREEF account to your third-party
account, you acknowledge and agree that you are consenting to the continuous
release of information.
About you to others (in accordance with your privacy
settings on those third-party sites). If you do not want information about you
to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by
CCREEF from our offices within the USA.
If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws.
You agree that you will not use the CCREEF Content accessed through.
www.ccreef.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless CCREEF its
officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses
(including reasonable attorney’s fees) relating to or
arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement
or your
violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. CCREEF reserves the right, a its own cost, to
assume the exclusive defense and control
of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with CCREEF in
asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions,
or any provisions
hereof, whether in contract, tort, or otherwise at law or in equity for damages
or any other relief, then such dispute shall be resolved.
Arbitration
In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions,
or any provisions
hereof, whether in contract, tort, or otherwise at law or in equity for damages
or any other relief.
Then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the
American Arbitration
Association, or a similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The arbitrator's award shall be
final,
and judgment may be entered upon it in any court having jurisdiction. In
the event that any legal or equitable action, proceeding or arbitration arises
out of or concerns these Terms and Conditions,
the prevailing party shall be
entitled to recover its costs and reasonable attorney’s fees. The parties agree
to arbitrate all disputes and claims in regard to these Terms and Conditions or
any disputes
arising as a result of these Terms and Conditions, whether
directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration
Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforce ability of this arbitration provision shall be determine
beyond the Arbitrator.
This arbitration provision shall survive the termination
of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBERIN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER,
Further, unless both you and CCREEF agree otherwise, the arbitrator may
not consolidate more than one person's claims, and may not otherwise preside
over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN.
CHRISTOPHER COOMER, CORAL REEF
ENTHUSIAST, CHRISTOPHER COOMER CORAL ENTHUSIAST AND/OR
ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CHRISTOPHER COOMER, CORAL REEF ENTHUSIAST, CHRISTOPHER
COOMER CORAL ENTHUSIAST AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
CHRISTOPHER COOMER, CORAL REEF ENTHUSIAST, CHRISTOPHER
COOMER CORAL ENTHUSIAST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANT
ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNO
EVENT SHALL
CHRISTOPHER COOMER, CORAL REEF ENTHUSIAST, CHRISTOPHER
COOMER CORAL ENTHUSIAST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
CHRISTOPHER COOMER, CORAL REEF ENTHUSIAST, CHRISTOPHER
COOMER CORAL ENTHUSIAST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE, LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
CCREEF reserves the right, in its sole discretion, to terminate your access
to the Site and the related services or any portion thereof at any time,
without notice.
To the maximum extent permitted by law, this agreement is
governed by the laws of the Commonwealth of Kentucky.
And you hereby consent to
the exclusive jurisdiction and venue of courts in Kentucky in all disputes
arising out of or relating to the use of the Site.
Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and CCREEF as a result of this agreement
or use of the Site. CCREEF 's
performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of CCREEF's right to comply with governmental,
court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by CCREEF with respect to such use.
If any
part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set
forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision,
and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and CCREEF with respect to
the Site.
And it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and CCREEF
with respect to the Site.
A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement
to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form.
It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
CCREEF reserves the right, in its sole discretion, to change the Terms
under which www.ccreef.com is offered.
The most current version of the Terms
will supersede all previous versions.
CCREEF encourages you to periodically
review the Terms to stay informed of our updates.
Contact Us
CCREEF welcomes your questions or comments regarding the
Terms:
Christopher Coomer, Coral Reef Enthusiast, Christopher
Coomer Coral Enthusiast
3803 Mareli Rd
Shelbyville, Kentucky 40065
Email Address: [email protected]
Telephone Number: 8592989357
Effective as of January 01,2023