Terms of service

THE FOLLOWING TERMS OF USE ARE IMPORTANT!

EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, THIS WEBSITE (“SITE”), WHICH IS MANAGED BY IN LIVING CORAL LLC (“ILC”), OR ANY OF ITS AUTHORIZED AGENTS OR REPRESENTATIVES, IS PROVIDED TO THE GENERAL PUBLIC ON AN “AS IS” BASIS, WITHOUT ANY FURTHER REPRESENTATIONS OR WARRANTIES OF ANY TYPE WHATSOEVER.

YOUR VIEWING, ACCESS TO, AND USE OF THE SITE IS CONDITIONED UPON YOUR ACKNOWLEDGEMENT, ACCEPTANCE, AND AGREEMENT TO THESE TERMS AND CONDITIONS.

THESE TERMS AND CONDITIONS MAY BE AMENDED, REVISED, UPDATED, REVOKED IN WHOLE OR IN PART, OR OTHERWISE CHANGED AT ANY TIME, AND AT THE SOLE AND ABSOLUTE DISCRETION OF ILC.

AS A CONDITION TO YOUR CONTINUED ACCESS TO AND USE OF THE SITE AFTER ANY CHANGES TO THE TERMS AND CONDITIONS, YOU SHALL BE DEEMED TO HAVE REVIEWED THE SITE’S TERMS AND CONDITIONS, AND ACKNOWLEDGED, ACCEPTED, AND AGREED TO THE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS AND USE THE SITE!

Last updated: April 5, 2021

Welcome, and thank you for your interest in, In Living Coral LLC (“ILC”). These terms and conditions (the “Site Terms”) apply to and govern your viewing, access to, and use of this website, which can be accessed at inlivingcoral.com (the “Site”), which is managed by ILC and its authorized agents or representatives.

Viewing, access to, and use of the Site is offered on an “as is” basis, without any representations or warranties of any type whatsoever.

It is important to understand that these Site Terms may be amended, revised, updated, revoked, or otherwise changed, in whole or in part, at any time, and at the sole discretion of ILC.

These Site Terms are a legally binding contract to which you are subject and that applies to your viewing, access to, and use of the Site. If you are willing or unable to be bound by the Site Terms in their entirety, do not view, access, or use the Site, or any services that may be on the Site.

Access to the Site

Generally. Purchase of certain products or services on the Site, may require that you represent to ILC that you are at a certain age or older. Subject to applicable law, ILC reserves the right to request additional information from you or engage in other means of verification as permitted by applicable law, to verify that you are who you represent yourself to be, and reserves the right to decline to offer you certain products and services to the extent you are unwilling or unable to provide any such documentation, or ILC cannot, using legally permitted and commercially reasonable means confirm the information necessary to legally sell you such product or services.
Prior Offenders. To the extent you have been previously banned from purchasing a product or service offered on the Site, ILC reserves the right to indefinitely maintain such ban and decline to sell you any products or services offered on the Site.
Registration. To the extent you are required to or elect to register with the Site, in order to access certain products and services, and ILC accepts your registration by establishing an account on the Site that is related to you, which includes a unique username and password, additional rules specific to your use of such username and password shall apply.
In addition to any other rules relating to your use of any usernames and passwords, as ILC may publish and update from time to time, you agree that you shall not share your password with any other person or otherwise allow any other person to use your username and password to access your account with ILC.
You shall immediately notify ILC of any unauthorized use of your username, password, or account.
You acknowledge and agree that absent your notification, ILC is unable to confirm or verify with any certainty the identity of any person that uses your username and password, and assumes that person is you.
Upon your notification, ILC shall take steps to close, restrict, or otherwise lock your account, however, ILC makes no representation and cannot warrant or guarantee under any circumstance or any any manner whatsoever, that any such actions will be effective, timely, or preclude you from suffering damages or losses.
Notwithstanding the foregoing, you agree that ILC shall in no case whatsoever, be liable for any losses or damages arising from or relating to the unauthorized use of your username, password, or account.
ILC may close or otherwise restrict your access to your account for any reason or no reason, subject only to certain terms that may apply in respect to purchases of any products and services executed prior to the time your account is closed or you are restricted from accessing your account.
Changes to these Site Terms. ILC may amend, revise, update, revoked, or otherwise change, at any time and at ILC’s sole discretion, any part of or all of these Site Terms. The most current version of these Site Terms will be located on this page. You understand and agree that your access to or use of the Site, and continued access and use of the Site is governed by the Site Terms effective at the time of your access to or use of the Site. If we make changes to these Site Terms, we will notify you by electronic mail and by posting a notice on the Site. We will also indicate at the top of all versions of any Site Terms, the date that such Site Terms were last revised. You should revisit these Site Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Site Terms. You understand and agree that your continued access to or use of the Site after any new Site Terms are effective shall be evidence of your acknowledgement, acceptance and agreement to such Site Terms.

Use Restrictions

Your access and use of the Site is conditioned upon your adherence and compliance with the following restrictions:
Your access and use of the Site shall be purely for your personal, non-commercial use.
As between you and ILC, the Site, along with any content and functionality on or within the Site, and any rights or licenses (except the limited license of use permitted you herein), constitutes the sole and exclusive property, rights, and licenses of ILC. Accordingly, you agree that you shall not:

by means of software, code, or similar functionality, collect or harvest any data from the Site, or make automated use of the Site, or make any attempt to do so;
access or attempt to access any source code of the Site;
access the Site to reverse engineer or attempt to reverse engineer, any part of the Site or any functionality of the Site;
circumvent, disable, or otherwise attempt to interfere with any security-related functionality or system of the Site;
distribute any part or parts of the Site without ILC’s prior written consent;
interfere with or attempt to interfere with the normal functioning of the Site, or any other person’s access to and use of the Site;
engage in or attempt to engage in any other activity or behavior that ILC finds threatens the security of the Site or any other person on the Site, or could in ILC’s judgement threaten the security of the Site, or any other Person on the Site;
deliver or attempt to deliver any harmful code (virus, trojan, or similar malicious code) into the Site;
provide false information during registration;
use the Site in connection with or pursuit of a criminal activity; nor,
engage in any other activity or behavior that ILC finds is inconsistent with its principles, operating policies and procedures, against applicable law, or not in compliance with these Site Terms.

Important Disclaimers

Site Availability. ILC shall at all times and in all cases maintain the right, to be exercised in its sole discretion, with or without prior notice to any person, to take any and all actions deemed necessary and proper to maintain the security, stability, integrity, and general safety of the Site, to resolve any security intrusion, avoid any data destruction or corruption, and advert general failure of any part or the entire Site. As such, ILC does not represent, warrant, or guarantee in any manner whatsoever, that the Site will available for access and use, and ILC shall be allowed, unconditionally, to modify, update, interrupt, suspend, or discontinue any or all services on the Site, and to permanently close the Site for any reason or no reason, with or without notice to you, for any length of time or indefinitely or permanently, subject only to certain terms that may apply in respect to purchases of any products and services executed prior to the time the Site or any part of the Site is made unavailable in any manner referred to herein.
Third Party Links, Sites, Content, and Applications. From time to time, the Site may include links to third party websites or applications (each, a "Third Party Site"), as well as content or functionality (applications or software) belonging to or originating from a third party (“Third Party Content or Functionality”). Unless specifically stated otherwise, any links to any Third Party Site or any Third Party Content or Functionality, are provided to you only as a courtesy. It is important that you understand, acknowledge, accept, and agree to the following, as a condition to your use or continued use of the Site:
ILC has no control over any such Third Party Site, and does not own any of the Third Party Content or Functionality that may be referred to, exist, or otherwise be accessible to you (via a link or otherwise) on the Site.
The links, any Third Party Site, and any Third Party Content and Functionality are not investigated, monitored, or otherwise checked for completeness or accuracy.
ILC makes no representation or warranty whatsoever in regards to any Third Party Site, or any Third Party Content or Functionality, including but not limited to the accuracy, correctness, or sufficiency of any information existing on any Third Party Site, or within any Third Party Content or Functionality.
Furthermore, the inclusion of any such links, content, or functionality does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of any such Third Party Site or anything contained thereon or therein. Once you access any Third Party Site from this Site you are subject to the terms and conditions of that Third Party Site, including, but not limited to, its terms of use, any license agreements, and any of its privacy policies. To the extent you decide to access any Third Party Site or use any Third Party Content or Functionality, including installing any application or software originating from any third party, you do so entirely at your own risk.
Not a Common Carrier. ILC is not a “common carrier” nor a “utility.” A common carrier, which may include various utilities, is a public or private entity or other person (including an individual), engaged in transporting and delivering cargo, freight, products and certain services, including but not limited to any of the following, which list is not exhaustive):
entities transporting and delivering goods and services (products) by airplane, ship, truck, car, and in-person
certain entities engaged in providing telecommunication services

To the extent you access and use the Site to purchase any product or service on or through the Site, you shall be deemed, each and every time you make such a purchase, to have acknowledged, accepted, and agreed that ILC is not a common carrier, nor a utility, and as such, shall not be responsible for any product or service that for any reason whatsoever is (a) not delivered to you, (b) delivered late, or (c) delivered in a damaged state. Subject to the other terms and conditions set forth in these Site Terms, your sole remedy for lost, delay, or damaged products or services shall be a replacement of the product or service, or a credit or refund not to exceed the actual cost paid by you through the Site for such product or service, subject to ILC’s then current refund policy (“Refund Policy”).

Refund Policy. The current Refund Policy can be found here: https://inlivingcoral.com/policies/refund-policy. Your execution of any purchase of any products or services on or through the Site is conditioned upon your acknowledgement, acceptance, and agreement to the then current Refund Policy. You should review carefully the Refund Policy prior to making any purchase on or through the Site.

In the event you purchase any products or services on or through the Site, you will be deemed to have read the Refund Policy and acknowledge, accepted, and otherwise agreed to the terms and conditions set forth in the Refund Policy. If you do not or cannot agree to the terms of the Refund Policy, do not purchase any goods or services on or through the Site.

PROVIDED "AS IS". THE SITE, ALONG WITH ANYTHING THEREON OR THEREIN IS PROVIDED ON AN "AS IS", “WITH ALL FAULT”, AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT ILC MAY NOT, AND IS NOT OBLIGATED TO ACTIVELY MONITOR THE SITE OR ANY OTHER PERSON THAT MAY VIEW, ACCESS, OR USE THE SITE. THIS MEANS YOU VIEW, ACCESS AND USE THE SITE AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK.

ILC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND OR TYPE WHATSOEVER IN REGARDS TO THE SITE, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO ANY TOOLS, FUNCTIONS, SOFTWARE, APPLICATIONS, INFORMATION, DATA, OR ANY OTHER ITEMS PROVIDED THEREON OR THEREIN, OR OTHERWISE MADE AVAILABLE BY ILC OR ANY OTHER PERSON IN CONNECTION WITH ANY OF THE SAME.

ILC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ILC DOES NOT REPRESENT OR WARRANT THAT THE SITE, OR ANY TOOL OR SOFTWARE CONTAINED THEREON OR THEREIN WILL BE ACCURATE, TIMELY, OR OTHERWISE AVAILABLE OR ERROR FREE, AND ILC EXPRESSLY DISCLAIMS LIABILITY FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE CONTROL OF ILC.

WITHOUT LIMITING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, ILC DISCLAIMS ANY AND ALL LIABILITY AND SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY DELAY OR FAILURE ON THE PART OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY AFFILIATE OF ILC OR ANY THIRD PARTY TECHNOLOGY SERVICE PROVIDER THAT MAY PROVIDE ANY SERVICES TO OR FOR THE SITE.

AUTHORIZATION. YOU ACKNOWLEDGE AND AGREE THAT ILC CANNOT DETERMINE THE ACTUAL IDENTITY OF ANY PERSON THAT ACCESSES THE SITE USING VALID USER SECURITY CREDENTIALS ISSUED TO YOU (YOUR USERNAME AND PASSWORD). ACCORDINGLY, ILC SHALL BE ALLOWED TO CONCLUSIVELY PRESUME THAT ANY ACCESS TO THE SITE BY ANY PERSON USING YOUR USERNAME AND PASSWORD IS YOU, UNLESS AND UNTIL YOU NOTIFY ILC OTHERWISE. IN ANY EVENT, IN NO CASE SHALL ILC BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGES THAT YOU MAY INCUR AS A RESULT OF ANY UNAUTHORIZED USE OF YOUR SECURITY CREDENTIALS.
LIMITATION ON LIABILITIES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION OR ELSEWHERE IN THESE TERMS, ILC’S TOTAL LIABILITY TO YOU IN ANY CASE, FOR ANY AND ALL CLAIMS OR SUITS OF ANY KIND WHATSOEVER, WHETHER BASED UPON IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY AND ALL KINDS AND TYPES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR RELATED TO THESE TERMS SHALL, UNDER NO CIRCUMSTANCE WHATSOEVER, EXCEED AN AMOUNT THAT EQUALS:
IN THE EVENT YOU PURCHASED ANY PRODUCTS AND SERVICES FROM ILC, AND YOU ARE THE PERSON MAKING A CLAIM AGAINST ILC, THE ACTUAL COST OF THE PRODUCTS OR SERVICES PURCHASED BY YOU, TO THE EXTENT THAT SUCH MATERIALLY RELATE TO YOUR THE CLAIM OR SUIT, OR

IN ALL OTHER CASES, ONE THOUSAND DOLLARS ($1,000).

OTHER DAMAGES. UNDER NO CIRCUMSTANCES WHATSOEVER, SHALL ILC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, LOSSES, COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF BUSINESS OPPORTUNITY, PROFITS, REVENUES, OR GOODWILL, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, OR ANY OTHER FORM OR MANNER OF ACTION ALLOWED UNDER LAW OR EQUITY, AND REGARDLESS OF WHETHER ILC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR THE FORESEE ABILITY OF SUCH LOSSES OR DAMAGES, IN RESPECT TO ILC'S ACTS, OMISSIONS, OR PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS AGREEMENT.
Your Indemnity Obligation. As a condition to your accessing and using the Site, you agree to defend, indemnify and otherwise hold ILC, along with any of its employees, officers, directors, shareholders, subsidiaries, affiliates, and third party service providers harmless against, for, and from any third party claims of loss or damages, to the extent attributable to, arising from, or otherwise relating to any of your acts or omissions, including without limitation, any failure by you to comply with any terms or conditions set forth herein, or any breach by you of these Site Terms, in connection with your access to or use of the Site, provided ILC promptly notifies you of any such claims, except that any delay in such notification shall not bar any of your obligations of indemnity to the extent you are not unreasonably prejudiced by such delay. You agree not to settle any claim without first consulting ILC to ensure that an such settlement does not adversely affect ILC or any of ILC’s interests in any significant or material manner.
Force Majeure. ILC shall not be deemed in default of any provision herein or be liable for any, delay, failure in performance, interruption of access to the Site or any of its services, or any other claim for loss or damages resulting directly or indirectly from any event or cause beyond ILC’s reasonable control, including, without limitation, acts of God, civil disturbances (protests, riots), war, terrorism, strikes, lock-outs, fires, floods, pandemics, wide-spread disease, famine, any and all other natural catastrophes, failure of any public power or telecommunications infrastructure, failure of utility or transportation services, failure of any third party telecommunications networks or infrastructure, damage from criminal or malicious activity, cyber attacks (hacks), compliance with any new law or governmental order, rule, regulation or direction (each an event of "force majeure"). During an event of force majeure, any of ILC’s obligations under these Site Terms shall be suspended, for such time as ILC, in its sole discretion, determines necessary or appropriate.
Purchase of Goods and Services. The purchase by you of any goods or services on or through the Site are subject to additional terms and conditions as well as certain policies and procedures, all of which are set forth in the E-Commerce Agreement portion and Service agreement portion of this terms.
Certain Other Services. Certain products and services that may be offered on or through the Site relate to travel planning services, in respect to which additional terms and conditions shall apply. The current terms and conditions applicable to such services is located in the services portion of this terms.
No Waiver. ILC’s failure or non-enforcement, for any reason, against you of any term or condition set forth herein, or ILC’s declining to exercise rights ILC may have against you, pursuant to these Site Terms, any other terms or agreements between you and ILC, or under law or in equity, shall in no case be construed or operate as a waiver of such right or rights, nor relieve you of any of your obligations hereunder, including without limitation, your obligation to cure or cease any past or continuing breach, and refrain from any future breaches.

YOUR LEGAL RIGHTS

These Site Terms are subject at all times, to any applicable federal laws of the United States and the State laws of the State of New York, and any other State laws, to the extent such other State laws may be applicable.
Nothing herein is intended to restrict or limit any rights you may have that are not, under law, permitted to be restricted or limited.
These Site Terms shall be governed by the laws of the State of New York, without regard to any conflict of laws rules, the application of which would cause a different jurisdiction’s laws to apply. To the extent permitted by law, you agree that any claims arising from or relating to your viewing, access to, and use of, the Site, any purchase of any products or services on or through the Site, or these Site Terms, shall be brought exclusively in the State courts located in the Borough of Manhattan, County of New York, State of New York. To the fullest extent permitted by law, you hereby waive any rights to contest forum or venue, and you expressly agree to waive any right to trial by jury.
To the extent any term or provision in these Site Terms is unenforceable, such term or provision shall be deemed struck from these Site Terms in so far as you are concerned, and the rest of the terms and provisions shall remain in full force and effect.
IF YOU DO NOT UNDERSTAND ANY TERM OR CONDITION AS WRITTEN HEREIN, IF ANY PROVISION IS CONFUSING OR DOES NOT MAKE FULL SENSE YOU TO YOU, OR IF YOU HAVE ANY DOUBTS WHATSOEVER, DO NOT ACCESS, USE, OR ATTEMPT TO PURCHASE ANY PRODUCT OR SERVICE ON OR THROUGH THE SITE, AND CONSULT A QUALIFIED ATTORNEY.

THE FOLLOWING TERMS AND CONDITIONS (THE “E-COMMERCE TERMS”) RELATE TO AND ARE INCORPORATED INTO AND APART OF THE TERMS AND CONDITIONS APPLICABLE TO YOUR VIEWING, ACCESS TO, AND USE OF THE WEBSITE (“SITE”) inlivingcoral.com, WHICH IS MANAGED BY IN LIVING CORAL LLC (“ILC”), OR ANY OF ITS AUTHORIZED AGENTS OR REPRESENTATIVES (THE “SITE TERMS”), TO THE EXTENT YOU MAKE OR ATTEMPT TO MAKE ANY PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE.

YOUR USE OF THE SITE TO MAKE OR ATTEMPT TO MAKE ANY PURCHASES OF ANY PRODUCTS OR SERVICES IS CONDITIONED UPON YOUR ACKNOWLEDGEMENT, ACCEPTANCE, AND AGREEMENT TO THESE E-COMMERCE TERMS, IN ADDITION TO THE SITE TERMS.

THE E-COMMECE TERMS MAY BE AMENDED, REVISED, UPDATED, REVOKED IN WHOLE OR IN PART, OR OTHERWISE CHANGED AT ANY TIME, AND AT THE SOLE AND ABSOLUTE DISCRETION OF ILC, SUBJECT ONLY TO ANY APPLICABLE TERMS SET FORTH HEREIN OR IN THE SITE TERMS.

AS A CONDITION TO YOUR CONTINUED PURCHASING ACTIVITIES ON OR THROUGH THE SITE AFTER ANY CHANGES TO THE E-COMMERCE TERMS, YOU SHALL BE DEEMED TO HAVE REVIEWED THE E-COMMERCE TERMS AS WELL AS THE SITE TERMS, AND ACKNOWLEDGED, ACCEPTED, AND AGREED TO SUCH REVISED E-COMMERCE TERMS AND THE SITE TERMS.

IF YOU DO NOT AGREE WITH THE E-COMMERCE TERMS, DO NOT ACCESS AND USE THE SITE TO PURCHASE OR ATTEMPT TO PURCHASE ANY PRODUCTS OR SERVICES!

Content:

Content: "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site. "In Living Coral LLC Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than In Living Coral LLC or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, Third Party Content, and In Living Coral LLC Content.

General Payment Terms: Before you pay any fees for items you’d like to purchase (“Products” or “Services”), you will have an opportunity to review and accept the fees that you will be charged.

Price: ILC reserves the right to determine pricing for Products and Services. ILC will make reasonable efforts to keep pricing information published on Site up-to-date and encourages you to check the Site periodically for current pricing information. ILC may change the fees for any Product or Service at any time. ILC, at its sole discretion, may make promotional offers with different features and different pricing to any of ILC’s then current customers. These promotional offers, unless made to you, shall not apply to your offer or these Terms.

Shipping Charges; Shipping Restrictions: ILC will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. You must pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information. Currently ILC only offers domestic shipping within the United States and Puerto Rico.

Delivery. ILC will attempt in good faith to deliver your items in accordance with your order, however, ILC shall not be responsible or liable for any delays or failures in such delivery. ILC expressly reserves the right to deliver any order in any number of separate shipments, and the modes of transportation and carriers shall be decided at ILC's sole discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that ILC may not be able to deliver there, in which case, ILC shall notify you as soon as practically possible or known to ILC. In no case shall ILC be responsible or liable for any delay or failure to deliver due to any cause or for any reason that is beyond ILC's reasonable control. In such cases, ILC shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

Authorization: You authorize ILC to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, ILC may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal.

Delinquent Accounts: ILC may suspend or terminate access to the Site for any account for which any amount is due but unpaid. In addition to the amount due for Products or Services, a delinquent account shall also be charged any fees, costs, or expense, in any form, that are incidental to any chargeback or collection of any the unpaid amounts, including any third party collection fees.

Refunds and Cancellation Policy. Products and Services purchased from ILC are subject to the following Return Policy, which may be updated from time to time, at ILC’s sole discretion.

For ILC Products 'ILC Shop': ILC accepts returns of all 'ILC shop' products within 14 days of purchase in the item's original form and packaging, if you are not 100% satisfied with your purchase. Refunds will be granted via original payment method. Return shipping must be paid for by the customer.

Terms and Conditions Applicable to Itinerary Services

DESCRIPTION OF ITINERARY SERVICE

The below terms are in addition to the general Terms and Conditions (the “Site Terms”) applicable to your viewing, access to, and use of the ILC’s website (the “Site”).

In Living Coral LLC (“ILC”) provides custom travel itinerary planning which is priced per day, per group (up to 8 people), for trips from 2 to 8 days. Based on a questionnaire submitted on our website by the user, In Living Coral creates a detailed trip itinerary which is delivered to the user in a physical magazine and digital version using Issuu.com (See the third parties section of this terms and conditions).

In Living Coral’s responsibilities include: providing a recommended day-by-day travel itinerary for the users requested destination based on the user’s responses to our online questionnaire.

In Living Coral does not:

Operate tours or activities
Provide tours or activities
Own, sell, resell, furnish, provide, manage and/or control any transportation or tour services
Provide flight recommendations
Book accommodations for the user’s destination(s)
Book transportation to and from the user’s destination(s)
Provide support during your trip

While ILC makes every reasonable effort to ensure that any information provided is accurate and up-to-date, you, the traveler are ultimately responsible for checking your itinerary and making sure that suggested routes, addresses, restaurants, opening times, and other information is accurate.

RECOMMENDATIONS

Recommendations provided by In Living Coral are based purely on the opinion of ILC’s staff and individuals ILC may partner with for travel advice. ILC provides a description of the recommendations ILC provides the you (e.g., attractions / experiences / tours / restaurants), however, ILC makes no representations, guarantees, or warranties, express or implied, whatsoever, regarding the suitability or availability of any such recommendations.

YOU UNDERSTAND AND ACKNOWLEDGE, ACCEPT, AND AGREE THAT ILC IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH OR ARISING FROM ANY ACTIVITIES YOU MAY ENGAGE AS A RESULT FO RECEIVING ANY SERVICES FROM ILC, AND ILC EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILTY AND LIABILITY FOR ANY AND ALL ITINERARY RECOMMENDATIONS. THE PARTAKING IN ANY ACTIVITIES OR EXPERIENCES RECOMMENDED BY ILC ARE ENGAGE IN AT YOUR OWN RISK.

ILC assumes no responsibility for the traveler’s compliance with any applicable laws, rules and regulations.

In Living Coral LLC recommends that travelers obtain appropriate insurance at the users own discretion.

Communications on the Site

In addition to and without limiting any other terms of the Site Terms, to the extent you (a) communicate with ILC, through electronic mail, (b) communicate with ILC or any other person communicating on or through the Site through a separate application on personal computing or telecommunications device that is not directly connected to the Site or the Site’s infrastructure (a “Mobile Application”), or (c) communicate in any manner with ILC or any other person on or through the Site, including on or through any functionality or application, any or all of which may be offered by ILC or any third party vendor for or in connection with your access to and use of the Site, including but not limited to your ability to post a comment to the Site, or utilize any text, chat, or similar communication functionality or application made available to you for such purpose, you acknowledge, accept, and agree that any such communications are not encrypted, transverse telecommunications systems and structures that are not within the management or control of ILC, and may be intercepted, disclosed, or viewed by any number of third parties that are not related to, nor under the control of ILC in any manner whatsoever.

Accordingly, you recognize and agree that such means of communication shall not be used by you to deliver or disclose to ILC any information that is proprietary, sensitive, non-public, private, or personal to you (collectively your “personal information”). Furthermore, ILC makes no representations that the Site, including any of the functionality or applications used for or in connection with any of your communications, is secure, will function error free, or are free of any malicious or harmful code. ILC expressly disclaims any and all warranties, express and implied, including without limitation, fitness for a particular purpose, and ILC accepts no responsibility or liability whatsoever for any harm or damages that you may incur arising from or relating to your disclosure of any personal information on the Site or through any of the above referenced means of communication.

For purposes of the Site Terms and your communications on or through the Site, any functionality or application offered on, within, or through the Site for the purpose of communicating with ILC or any other person shall be deemed to be included in and constitute part of the “Site,” as such term is further defined and described in the Site Terms, unless specifically stated otherwise, or unless the specific context clearly dictates that the Site and any such functionality or application on or within the Site are intended to be referred to separately.

ILC will never ask you to disclose any personal information over the phone, through any e-mail, or any other means of communication that is not secure. To the extent, a secure means of communication is required (such as regarding certain account issues or questions on purchases), ILC will, at such time, provide you access to a secure forum in which you may communicate with ILC.

In respect to any of your communications on or through the Site (including through any of the Site’s functionality or applications) or on or through any Mobile Application, you represent and warrant that any information, data, or any other material, regardless of the form of such, including but not limited to any photos, recordings, videos, or any other form of media or electronic means of expression (collectively your “Material”), either belongs to you or that you have legal rights to use, upload, post, display or otherwise communicate such Material in the manner that you are communicating or displaying such, on or through the Site. You further agree that you shall not use, upload, post, display or otherwise communicate any information, data, or Material that you do not own or possess the legal rights in respect to. You further agree to defend, indemnify, and otherwise hold harmless any and all of ILC, its employees, officers, directors, partners, shareholders, and affiliates, as well as any third party engaged by any of them to maintain, secure, or otherwise provide you access to or use of the Site, or any Services that may be offered to you on or through the Site, against, for, and from any and all damages, costs, expenses or other losses arising from, relating to, or otherwise incurred as a result of any third party claim that any of your information, data, or Material infringes upon such third party’s copyright, patent, trademark, or any other protected intellectual property right or similar right in respect to which, such third party owns or has legal rights in respect of.

Notwithstanding the forgoing, certain jurisdictions outside of the United States characterize or define, under the laws of such foreign jurisdictions, certain types of information about you as “personal,” which information is not characterized or defined as personal under the laws of the State of New York or any applicable federal laws of the United States, and as such is not protected by any laws of the State of New York or any federal laws of the United States. As a condition to accessing and using the Site or any functionality or application on or within the Site, for the purpose of communication or otherwise, you agree and consent to ILC’s acquisition, collection, storage, or use of any information about you information for the purpose of providing you access to and use of the Site and any functionality or applications on or within the Site, subject to ILC’s Privacy Policy, which can be found here.

Commitment to Civility. Without limiting any of the forgoing, ILC is committed to providing a healthy and safe environment for its principals, employees, and clients. Accordingly, ILC reserves the right to refuse or cease providing you access to or use of the Site or any functionality or applications offered on or through the Site to the extent that any of your communications, instructions, activities, or behavior becomes harassing, abusive, or threatening towards any other person.

Non-discrimination. ILC does not tolerate discrimination against any individual based upon such individual’s race, creed, color, national origin, physical handicap, sex, age or any other legally protected characteristic.

Each time you access or use the Site, and in particular, but without limitation, each time you access or use any application or function that allows you to post comments to the Site, chat or message with others, or otherwise communicate in any manner with ILC or any other person communicating on or through the Site, you agree that you shall be deemed to have reviewed, acknowledged, accepted, and agreed to the Code of Conduct and these terms applicable to your communications.

If you violate the Code of Conduct, or ILC reasonably believes you violated the Code of Conduct, subject to any applicable law, ILC reserves the right to revoke any access you may have to the Site and preclude you from accessing or using any part of or all of the Site, as well at preclude you from accessing any Mobile Application that allows or facilitates your access to or use of the Site.

If you do not agree to the any of the terms governing your communications, as specifically set forth above, and as may be referred to or otherwise set forth in any other part of the Site Terms, while accessing or using the Site or any functionality or application thereon, or while accessing or using any Mobile Application, or if you do not agree to follow the Code of Conduct, DO NOT ACCESS OR USE THE SITE OR ANY SUCH MOBILE APPLICATION.

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