TERMS OF SERVICE
TERMS OF SERVICE
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OVERVIEW
This website is operated by www.MarineVinylFabric.com. Throughout the site, the terms “we”, “us” and “our” refer to www.MarineVinylFabric.com. www.MarineVinylFabric.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Under no circumstances can you buy our product with the intent to resell it without written approval from MarineVinylFabric.com. This includes selling on 3rd party sites like Amazon and eBay. If this is violated legal action will be pursued. This policy applies to everyone including employees of MarineVinylFabric.com.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
User generated content will be utilized in marketing campaigns. This includes any pictures or reviews that have been submitted to us. We have the right to use this content in all marketing collateral both online and offline.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall www.MarineVinylFabric.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless www.MarineVinylFabric.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 539 S Blanding Woods Rd, Saint Croix Falls Wi 54024
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Printing Terms
Marine Vinyl Fabric LLC Terms of Use, ("Marine Vinyl Fabric"), provides customers with a wide variety of internet and email printing services, online design tools and other services to create customized products, (as well as shipping of finished products) (collectively, the "Services"). The use of this site is governed by the terms and conditions set forth below. Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions. Marine Vinyl Fabric reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates. You (referred to herein as "You" "Your(s)" or "User" agree that Your use of such Services is at Your own risk. The Content (as defined below), and Marine Vinyl Fabric proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by Marine Vinyl Fabric or its suppliers.
Copyright All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by Marine Vinyl Fabric (collectively called the "Content"), and the collection, arrangement and assembly of the Content, is the property of or licensed by Marine Vinyl Fabric or its suppliers and service providers and is protected by U.S. and international copyright laws. The Content on all pages of the Marine Vinyl Fabric website is provided solely for the use of Marine Vinyl Fabric customers to interact with Marine Vinyl Fabric and may not be used by You, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or "works made for hire" with Marine Vinyl Fabric in or regarding such content. When using any Services provided via the Marine Vinyl Fabric website, You may elect to upload or otherwise submit materials to the site (collectively, "Materials"). Marine Vinyl Fabric does not supervise the uploading of any User-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, You will not upload, submit or otherwise transmit to Marine Vinyl Fabric: • Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person's privacy or further the commission or concealment of a crime; • Materials that are not lawfully Yours to transmit; • Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; • Materials containing software viruses or other harmful computer code; or Materials that in any way interfere with or disrupt the Services or any servers or networks connected to or used with the Services (any of the foregoing, "Unauthorized Materials"). Marine Vinyl Fabric takes no ownership in any Materials uploaded to the Marine Vinyl Fabric website, except Marine Vinyl Fabric retains its rights in and to the Content that is present on the site or that may be created and/or supplied by or for Marine Vinyl Fabric. You also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online for printing or processing, and agree to defend, indemnify and hold Marine Vinyl Fabric, its parent and its parent's subsidiary companies and their respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by Marine Vinyl Fabric in defending against such suit, demand or claim. Trademarks All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by Marine Vinyl Fabric (collectively called the "Marks") are proprietary to Marine Vinyl Fabric or other respective owners that have granted Marine Vinyl Fabric the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content. Marine Vinyl Fabric and Flexa is a proprietary mark of Marine Vinyl Fabric. All other trademarks/trade names are the property of their respective owners and are used by permission. Limitations and Disclaimers THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE MARINE VINYL FABRIC WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARINE VINYL FABRIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MARINE VINYL FABRIC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE. NEITHER MARINE VINYL FABRICNOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED MARINE VINYL FABRIC OF THE POSSIBILITY OF SUCH DAMAGES. **(NEITHER MARINE VINYL FABRIC NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OR THE LESSER OF $100.00 OR THE AMOUNT PAID TO MARINE VINYL FABRIC FOR THE SUBJECT PRINTED PRODUCTS PLUS SHIPMENT FEES, IF ANY. In no event will Marine Vinyl Fabric, its parent, or its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services (any of the foregoing, "Service Failure") to the extent caused by or resulting from: • Your acts, defaults or omissions; • Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time; • Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using Marine Vinyl Fabric standard virus-detection procedures; • Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems; • Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the printed products used or stored by Marine Vinyl Fabric; • The nature of the shipment, including any defect, characteristic or inherent vice of the shipment; • Your failure to provide an accurate shipping address or other information that You are asked to provide in connection with the provision of services; • Acts, defaults or omissions of any person or entity other than Marine Vinyl Fabric, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient; • Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery; • Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation; • Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation; • Our failure to notify You of any delay, loss or damage in connection with Your printed products or shipment or any inaccuracy in such notice; • Our release of shipments without obtaining a signature if a signature release is on file; • Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability. All claims, whether they regard printing services or shipping services, should be resolved by contacting Marine Vinyl Fabric. Failure to contact Marine Vinyl Fabric directly will cause a delay in the processing of any claim and will result in a delay in processing Your claim, which could cause Your to lose the ability to receive compensation for loss involving shipping or printing services as provided in these terms and conditions. If a shipment containing Your printed products is refused by the recipient, or is damaged, the shipment will be returned to You if possible. If You refuse to accept the returned shipment or it cannot be returned because of damage, You are responsible for and will reimburse Marine Vinyl Fabric for all costs and fees of any type connected with the return shipment and legal disposal of the shipment; MARINE VINYL FABRIC DOES NOT GUARANTEE THE SHIPMENT, AND DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, MARINE VINYL FABRICDOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED FILINGS. Subject to the limitations listed above, Marine Vinyl Fabric will provide a refund of shipping costs paid or will re-perform printing services and shipping services if any printed products are lost, damaged, not delivered, misdelivered or delivered late, to the extent caused by Marine Vinyl Fabric or its third-party shipper. See "Claims Procedure" below. PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO ANY PRINTED PRODUCT OR SERVICE. Performance of any Services will not cause us to be deemed Your, or anyone's, agent for any purpose. Claims Procedure We will either refund or credit (at our option) the charges You actually paid for the Services (including shipping charges, if applicable) if we fail to properly provide the Services or the printed products or to properly ship the printed products, subject to limitations described in the Section above entitled "Limitations and Disclaimers". In order to qualify for a refund or credit due to Service Failure, the following limitations apply: 1. To obtain a refund or credit, at our option, for a Service Failure, You must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up from a Marine Vinyl Fabric retail location by You or Your agent. 2. For any claim related to damage of a printed product during shipping (if the shipping services are provided through Marine Vinyl Fabric, You must notify us in writing within seven (7) days after delivery of such printed products. 3. For all other claims, including claims arising out of any nondelivery, misdelivery or late delivery, Your must notify us within thirty (30) days of the shipment date. 4. In the case of a claim concerning any defective printed products, You must return the defective printed products to Marine Vinyl Fabric at either the Marine Vinyl Fabric Office where the product was produced, by calling us at 1-312-300-6737 or by sending an email message to Support@MarineVinylFabric.com. 5. In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, You must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection. 6. Any claim against Marine Vinyl Fabric under any cause of action arising from or related to the provision of Services or printed products or shipment of any printed products shall be extinguished unless an action is brought within one (1) year of the date of order. We will send Your refund to the billing address on Your account or will refund your credit card 7. A service failure will not be deemed to have occurred if within 30 calendar days after Your notify us, we provide You with: a. Proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the shipment or signature release information; OR b. Service exception information reflecting that the failure to timely deliver resulted from circumstances described under "Limitations and Disclaimers." 8. We are not obligated to respond or provide any credit or refund if Your have not paid for Services or shipping costs, if applicable; or when Your request is not received within the time limits stated above. Marine Vinyl Fabric will use commercially reasonable efforts to satisfy customer claims, subject to the limitations set forth in these Terms and Conditions. Only one refund or credit is permitted per package. In the case of multiple-package shipments, this return policy will apply to every package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package. A refund or credit will not be given for shipments delayed due to incorrect addresses or ZIP codes or the unavailability or refusal of a person to accept delivery or sign for the package or any of the causes described under "Limitations and Disclaimers." In addition, for shipments to and from International destinations, no refund or credit will be given if failure to timely deliver is the result of tax authority or customs or other regulatory delays. This refund policy does not apply to undeliverable or returned shipments. Order Acceptance The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. Marine Vinyl Fabric reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide services exists between Your and Marine Vinyl Fabric until Marine Vinyl Fabric exercises the authorization to charge Your credit card, and the charge is validated and accepted by Your credit card company. Because this site is viewable internationally, not all products and services mentioned will be available in Your country. If Your have any questions about international service, email Marine Vinyl Fabric Customer Relations at Support@MarineVinylFabric.com. Termination In the event that Marine Vinyl Fabric learns of, or has reasonable grounds to suspect, that Your registration information is inaccurate, or that activity in violation of these Terms & Conditions has occurred within Your account, we can suspend or terminate Your access to Your account or the Services without notice and refuse to authorize its future use. Repeated violations of these Terms & Conditions will result in immediate termination. In addition, Marine Vinyl Fabric reserves the right to discontinue the Services at any time without reason or advance notice to You. Applicable Law These Terms and Conditions are governed by the laws of the State of Minnesota, without giving effect to any principles or conflicts of law. Any litigation concerning these Terms & Conditions or other uses of this site shall be brought in Ramsey County, Minnesota, and You consent to the exercise of personal jurisdiction over You by such courts. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of Marine Vinyl Fabric, and Marine Vinyl Fabric is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites. Marine Vinyl Fabric does not monitor nor review the content of such sites, and You expressly understand that Your access by link to such sites is at Your own risk. Registration on MarineVinylFabric.com You may choose to register on MarineVinylFabric.com to access interactive features or update Your commercial account information. The availability of these services varies by country. In the future, Marine Vinyl Fabric may add other features that may be accessed through MarineVinylFabric.com Login. In such event, previously registered users will not be required to re-register. By registering on MarineVinylFabric.com, You agree to provide accurate and current information about Yourself as prompted by the MarineVinylFabric.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current. Some Services are being made available to customers based in some countries and not others. You agree to register only for MarineVinylFabric.com services offered on the MarineVinylFabric.com website for the country in which Your account is based. When You register using MarineVinylFabric.com Login Registration, You will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and You are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify Marine Vinyl Fabric of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your MarineVinylFabric.com session at the end of each visit. Privacy Policy Marine Vinyl Fabric acknowledges that You may provide personal data or other information to its site via the Internet. Although Marine Vinyl Fabric will take all reasonable steps to safeguard Your personal data or other information, no system is 100% safe. Despite the use of secure server software and other precautions, such information is subject to interception or alteration by third parties. Marine Vinyl Fabric does not guarantee absolute confidentiality or security. In addition, Marine Vinyl Fabric may disclose part or all of Your personal data, User-provided Materials and printed products as required by law, rule, regulation or court order. The Marine Vinyl Fabric Security & Privacy Policy governs the handling of such information. Indemnification You agree to indemnify, defend and hold Marine Vinyl Fabric, its officers, directors, employees, shareholders, agents, affiliates. subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that arise directly or indirectly from; (a) Your breach of any provision of these Terms & Conditions; (b) any allegation that any Materials You provided constitute Infringing Materials; or (c) any of Your activities conducted in connection with this site. No Other Relationship The use of this site creates no relationship, contractual or otherwise, between You and any other entity, supplier or service provider, other than Marine Vinyl Fabric
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Support@MarineVinylFabric.com.