Terms and Conditions
Agreement between User and www.takinline.com
Welcome to www.takinline.com. The www.takinline.com website (the “Site”) is comprised of
various web pages operated by Takin’ Line Livewells (“Takin’ Line”). www.takinline.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of www.takinline.com constitutes your agreement
to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.takinline.com is an E-Commerce Site.
Takin’ Line Livewells offers innovative, portable, customizable livewells to enhance your fishing
experience. We offer livewells for SUP, kayak, pier, jetty, and beach, and boat fishing
Privacy
Your use of www.takinline.com is subject to Takin’ Line’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.takinline.com or sending emails to Takin’ Line 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.
Children Under Thirteen
Takin’ Line 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.takinline.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
Returns-
If you are unhappy with your product, it can be returned for a full refund, less return shipping costs
and a 20% restocking fee, within 30 days.
Warranty- We will cover manufacturing defects within 90 days, shipping costs will be covered by
customer.
Please contact us at [email protected] with any questions.
Links to Third Party Sites/Third Party Services
www.takinline.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of Takin’ Line and Takin’ Line 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. Takin’ Line is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Takin’ Line of the site or any association with its
operators.
Certain services made available via www.takinline.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.takinline.com domain, you hereby acknowledge and consent that Takin’ Line may share such
information and data with any third party with whom Takin’ Line has a contractual relationship to
provide the requested product, service or functionality on behalf of www.takinline.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
www.takinline.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to Takin’ Line 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 or 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 Takin’ Line 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.
Takin’ Line 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 Takin’ Line 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 Takin’ Line 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 thereto 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
or 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.
Takin’ Line has no obligation to monitor the Communication Services. However, Takin’ Line
reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Takin’ Line reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason whatsoever.
Takin’ Line 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 or materials, in whole or in part, in Takin’ Line’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Takin’ Line does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Takin’ Line
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 Takin’ Line spokespersons, and their views do not necessarily reflect those of Takin’
Line.
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.takinline.com or Posted on Any Takin’ Line Web Page
Takin’ Line does not claim ownership of the materials you provide to www.takinline.com (including
feedback and suggestions) or post, upload, input or submit to any Takin’ Line Site or our
associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Takin’ Line, our 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.
Takin’ Line is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in Takin’ Line’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of 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.
International Users
The Service is controlled, operated and administered by Takin’ Line 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 Takin’ Line Content accessed
through www.takinline.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 Takin’ Line, 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. Takin’ Line
reserves the right, at 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 Takin’
Line in asserting any available defenses.
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 MEMBER IN 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 Takin’ Line 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. TAKIN’ LINE LIVEWELLS AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TAKIN’ LINE LIVEWELLS 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.
TAKIN’ LINE LIVEWELLS 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 MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TAKIN’ LINE LIVEWELLS 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 TAKIN’ LINE LIVEWELLS 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
Takin’ Line 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 State of Florida and you hereby
consent to the exclusive jurisdiction and venue of courts in Florida 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 Takin’ Line as a result of this agreement or use of the Site. Takin’ Line’s performance of
this agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Takin’ Line’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
Takin’ Line 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 Takin’ Line with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Takin’
Line 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
Takin’ Line reserves the right, in its sole discretion, to change the Terms under which
www.takinline.com is offered. The most current version of the Terms will supersede all previous
versions. Takin’ Line encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
Takin’ Line welcomes your questions or comments regarding the Terms:
Takin’ Line Livewells
5063 Timber Chase Way
Sarasota, Florida 34238
Email Address:
Telephone number:
9412597939
Effective as of July 06, 2020