Terms and Conditions
Welcome to www.marinaire.com. Please review these terms and conditions, which govern your use of Marinaire.com (https://www.marinaire.com), any mobile version of Marinaire.com, and any other site on which these terms and conditions appear (collectively, the "Site" or "Sites"). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement (collectively, the "Terms"). The Sites are provided Marinaire Technologies Inc. (hereinafter, referred to as "MarinAire" or “Marinaire Technologies Inc.” interchangeably) as a service to its customers, unless specifically provided otherwise on a Site. The Terms inure to the benefit of MarinAire, its subsidiaries and affiliates. If you do not agree to the Terms, please do not use the Site.
Your Use of the Site
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at (800) 724-8071 so that we can delete that information.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Marinaire Technologies Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Information on the Site
MarinAire endeavors to be as accurate as possible with the information presented on the Site. MarinAire makes reasonable efforts to accurately display the attributes of the products listed for sale on the Site. However, MarinAire does not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary. MarinAire cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our Site may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, MarinAire may cancel your order or we may contact you for instructions on the order.
In the event that a MarinAire product has mispriced an item, MarinAire reserves the right to refuse or cancel any orders placed on the Site for the mispriced item. MarinAire reserves the right to refuse or cancel any such order or orders at any stage, even if the order has been confirmed and your credit card was charged for the order. In the event MarineAire has to cancel an purchase order successfully placed on the Site and charged to your payment method, MarineAire shall issue a refund to your original payment method equal to the amount paid by you.
Your Account – Registered Users
You can register as a user of the Site and become a registered user (a “Registered User”). Becoming a Registered User gives you access to additional services, benefits, promotions and functionalities available on the Site. You may need to become a Registered User of Marinaire Technologies Inc. to use certain features of the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Marinaire Technologies Inc. only sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Marinaire Technologies Inc. reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders in its sole discretion.
The Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process on the Site.
As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to post media, such as photos and videos; and submit other forms of content (collectively, “User-Generated Content”) to the Site. You agree that User-Generated Content may be viewed by the general public and you do not and shall not consider such User-Generated Content to be private, proprietary or confidential.
You grant Marinaire Technologies
Inc. its affiliates, licensees and sublicensees, without any compensation of
any kind to you or others, a worldwide, perpetual, irrevocable license to copy,
adapt, create derivative works of, reproduce, incorporate, distribute, modify,
publicly display and otherwise use in any way such Content in any format or
media (“Content License”). You agree that any User-Generated Content you submit
may appear on sites other than the Site through which you submitted your
User-Generated Content. You waive, release and agree not to assert any and all
moral rights that you may have in any User-Content submitted by you to the
Site. You agree that Marinaire Technologies Inc. may use submitted User-Content
in any manner that Marinaire Technologies Inc. deems appropriate or necessary
in its sole discretion. Marinaire Technologies Inc. and its affiliates reserve
the right to edit, modify, abridge or otherwise change any User-Generated Content
you or others submit in their sole discretion. You acknowledge that by
providing you with the ability to view and distribute User-Generated Content on
the Site, Marinaire Technologies Inc. is merely acting as a passive conduit for
such distribution and is not undertaking any obligation or liability relating
to any contents or activities on the Site. However, Marinaire Technologies Inc.
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Marinaire Technologies Inc. in its sole discretion. However,
you acknowledge and agree that Marinaire Technologies Inc. is under no
obligation to you to police, monitor or remove User-Generated Content and
Marinaire Technologies Inc. makes no
guarantee with respect to the completeness, accuracy, integrity or quality of
any User-Generated Content submitted to the Site.
Generally, Marinaire Technologies Inc. will charge your credit card or any other authorized payment method for an item when we ship the item to you or confirm its availability in-store. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. For in-store pickups, we will charge your payment method when you pick up the items.
Whether you place an order online for shipping or for store pickup, or you pay for your order in person at our store, you agree to the terms and conditions, shipping policy, return policy, warranty terms and other terms listed on and within our website. At the end of the order process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
Disputes and Chargebacks
Marinaire Technologies Inc. does not provide any warranty for the items made by other manufacturers. When you buy any item made by other manufacturers, you agree to their warranty terms. However, as a re-seller and as applicable, Marinaire will try to help you with resolving your issues with the 3rd party manufacturer.
Marinaire branded items are warranted by Marinaire Technologies Inc. In the event your item fails because of a manufacturer defect within the warranty period, and is covered by the applicable warranty, subject to its terms and conditions, Marinaire will repair the warranted item.
If a product is damaged upon receipt, you must contact Marinaire immediately. Marinaire will then contact the shipping carrier and arrange a return. Once the item is picked up by the shipping carrier, Marinaire will send you another item of like kind or a full refund, at your choice.
Marinaire Technologies Inc. shall not be held responsible for, including but not limited to, wrong item selections, failures due to improper installations, undersized/oversized items, using an item under improper conditions, failure to winterizing , applying wrong voltage/frequency, failure to perform proper maintenance, failures arising from or related to marine corrosion, and/or other issues that are outside of Marinaire’s control.
ON occasion, , Fedex, UPS, USPS or other carriers may delay a shipment. Marinaire shall not be held responsible for any delays associated with or relating to a shipping carrier.
Marinaire does not provide installation services. Therefore, Marinaire shall not be be responsible for any issues, damages, liabilities or failures arising from or relating to the installation of a Marinaire product.
If you return any item properly, in strict compliance with Marinaire’s return policy, Marinaire will issue a refund in accordance with its return policy.
When you purchase an item or multiple items from Marinaire, you hereby knowingly accept and agree to Marinaire’s terms. In the case of any complaint or dispute concerning a Marinaire product or charge, you must first contact Marinaire to provide notice of the issue before initiating a credit card chargeback. Further, if your concern relates to the functionality or performance of a Marinaire product, you must return the subject product, after which Marinaire shall have the opportunity to provide a refund for the product in question before initiating a chargeback. Failure to adhere to these terms is a breach of the Terms and Conditions and Marinaire can pursue all remedies available to it under law and equity. In the event you initiate a chargeback without complying with the Terms and Conditions and applicable law, Marinaire shall have the right to report such bad faith conduct to the appropriate enforcement agencies and take all legal and equitable actions available to it. In the event Marinaire has to initiate a legal proceeding to enforce these Terms and Conditions, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs.
Marinaire Technologies Inc.’s order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. Marinaire Technologies Inc. may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address or phone number you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
Risk of Loss
All purchases of physical items from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The entire content included in the Site, including but not limited to data, typefaces, software, photographs, graphics, videos, code, and any other material (collectively, the “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and is the property of Marinaire Technologies Inc. Copyright 2007, Marinaire Technologies Inc. ALL RIGHTS RESERVED. Therefore, MarinAire owns to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. A limited permission is hereby granted to obtain an electronic copy and print hard copy portions of the Site for the sole purpose of placing an order and purchasing products from Marinaire Technologies Inc. For instance, you may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the material from the Site solely to place an order with Marinaire Technologies Inc., or to purchase Marinaire Technologies Inc.’s products. All commercial uses of the Content are strictly prohibited. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Marinaire Technologies Inc. Marinaire Technologies Inc. logos and other trademarks on the Site are the sole property of Marinaire Technologies Inc. and are owned by, licensed to, or, where required, used with permission by Marinaire Technologies Inc. and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
All trademarks, service marks and trade names of Marinaire Technologies Inc. used in the site are trademarks or registered trademarks of Marinaire Technologies Inc. Any graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Marinaire Technologies Inc. Marinaire Technologies Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Marinaire Technologies Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Marinaire Technologies Inc.
Links to Third-Party Websites
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY Marinaire Technologies Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Marinaire Technologies Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Marinaire Technologies Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Marinaire Technologies Inc. DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, Marinaire Technologies Inc.'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Marinaire Technologies Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Marinaire Technologies Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
For Marinaire products warranty please refer to Warranty Disclaimer
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Marinaire Technologies Inc. AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND / OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.
WAIVER OF RIGHTS:
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Marinaire Technologies Inc. makes no representation or warranty that the Content on the Site is appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
you agree that this agreement and your use of the Site will be governed by the laws of the state of Florida, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Miami-Dade County, Florida, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Marinaire Technologies Inc. products) shall be in the state or federal courts located in Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Marinaire Technologies Inc. products) must be commenced within one (1) year after the claim or cause of action arises.
Marinaire Technologies Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any Term. Marinaire Technologies Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Marinaire Technologies Inc. as a result of these Terms or your use of the Site.
You agree that Marinaire Technologies Inc. may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
Any rights not expressly granted to you herein are reserved by and to Marinaire Technologies Inc., its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Marinaire Technologies Inc. with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Marinaire Technologies Inc. with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Marinaire Technologies Inc. and executed by a duly authorized signatory of Marinaire Technologies Inc.
11129 NW 122nd Street
Miami, FL 33178
Customer Service (800)-724-8071