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Sante
Marine Propeller Privacy Policy / Terms
of Use
(Updated:
September 24, 2009)
Privacy
Policy
We respect
your privacy. Any and all of the information collected on this site will
be kept strictly confidential. We will not trade, sell or share your personal
information without your consent, unless required by law or as disclosed
to you when the information is collected. Any information you provide
will be held with the utmost care and will not be used in ways that you
have not consented to. If you have any questions, please feel free to
call or email us.
By using
this website, you signify your acceptance of this Privacy Statement, and
you adhere to the Terms and Conditions posted below on the website.
TERMS
& CONDITIONS (Updated: September 24, 2009)
1. AGREEMENT
Welcome to
the Sante Marine Propeller website. By using this site, you agree to be
bound by, and to comply with, these Terms and Conditions unless you offer
different terms that are accepted in writing by Sante Marine Propeller.
You also agree to comply with any guidelines or rules posted on the site
regarding any product or service. All such guidelines and rules posted
are hereby incorporated by reference into these Terms and Conditions.
If you are dissatisfied with this website, its content or Terms or Conditions
or other legal notices, you agree that your sole and exclusive remedy
is to discontinue using this site.
PLEASE NOTE:
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these Terms and Conditions at any time. Unless otherwise indicated,
amendments will become effective immediately. Please review these Terms
and Conditions periodically. Your continued use of the site following
the posting of changes and/or modifications will constitute your acceptance
of the revised Terms and Conditions and the reasonableness of these standards
for notice of changes, whether or not you actually reviewed them. For
your information, this page was last updated as of the date at the top
of these terms and conditions.
Please read
these terms carefully because they contain legal obligations.
2. COMMUNICATIONS
When you
visit Sante Marine Propeller, purchase products or services through the
site, or contact our customer service department, you are communicating
with us electronically. We will also communicate with you via email or
by posting notices on and updates to the site. By using the site, you
hereby agree the agreements, notices, disclosures and other communications
that we provide.
3. ELIGIBILITY
By entering
any information on this site, you represent and warrant that you: (i)
are at least 18 years of age or are using the site under the supervision
of a Guardian; (ii) are using your actual identity; (iii) have provided
only true, accurate, current and complete information; (iv) any billing
address and phone number you provide will be the address and phone number
your credit card bank has on file for you; (v) will maintain and promptly
update the information that you provide to keep it true, accurate, current
and complete; and (vi) are not using the site for any improper purpose.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or we have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, we may suspend or terminate
your account and refuse any and all current and future use of the website.
4. CONFIRMING,
CANCELLING & CHANGING YOUR ORDERS AND/OR MEMBERSHIP
For orders
that have already been shipped, you can confirm the date and method of
shipment, an estimated date of arrival, and a tracking number, only if
applicable. As long as your order or merchandise from Sante Marine Propeller
has not yet entered the shipping process, you can change the details via
e-mail. Sante Marine Propeller will not provide reimbursement for shipping
and handling charges once the order has entered the shipping process.
5. ORDER
AND PAYMENT TERMS
You agree
that your placement of any order and/or membership in any programs offered
by Sante Marine Propeller on the site is sufficient to satisfy the Statute
of Frauds, and no further writing is required. Terms of payment are within
Sante Marine Propeller's sole discretion, and unless otherwise agreed
in writing, payment must be received by Sante Marine Propeller prior to
acceptance of an order and/or membership. Sante Marine Propeller may accept
payment via Paypal.
Orders are
not binding until the order and/or membership is accepted by Sante Marine
Propeller and Sante Marine Propeller may cancel or limit an order any
time after it has been placed in its sole discretion. Sante Marine Propeller
expressly conditions its acceptance of your order and/or membership on
your agreement to these Terms and Conditions site terms.
6. SHIPPING
Unless otherwise
noted, Sante Marine Propeller will make best efforts to ship merchandise
within 7-10 days of the receipt of a properly completed order, but this
is only an estimate. You understand that product availability may be limited
and particular products may not be available for immediate delivery. Sante
Marine Propeller shall not be liable for any loss, damage, cost or expense
related to any delay in shipment or delivery. Title to any product and
risk of loss passes from Sante Marine Propeller to you upon shipment from
Sante Marine Propeller's facility.
7. RETURNS,
REFUNDS AND EXCHANGES CONDITIONS
If you need
to return any product(s) purchased from Sante Marine Propeller then you
must FIRST obtain a Return Merchandise Authorization (RMA) number by contacting
customer service at santemarine@sbcglobal.net. Please allow up to 7 business
days to process your return from the time it reaches our Returns Department.
All credit requests will be completed within 7 business days, but please
note that it may take your credit card bank up to 30 days to apply your
credit. Please note that we have no control over how long the credit card
company takes to credit the refund to your account after we submit the
data to them, but we do whatever we can to expedite the process. Unless
specifically requested and authorized by us, refunds will be issued in
the same manner as payment was received.
8. TERMS
OF LIMITED WARRANTY
Sante Marine
Propeller will allow exchanges or returns up to 30 days after date of
shipment due to malfunction or defect. After 30 days, please refer to
manufacturer's warranty, if any.
9. DISCLAIMER
OF WARRANTIES
OUR WARRANTIES
ONLY COVER DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS
OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, WATER DAMAGE,
USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR ACTS OF NATURE OR
THIRD PARTIES.
EXCEPT AS
EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (i) IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE, AND NON-INFRINGEMENT; (ii) WARRANTIES AS TO THE OPERATION
OF SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR
OFFERED THEREON; (iii) WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE; (iv) WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR CURRENCY
OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH
THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR
APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES; OR (v)
THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF REDCLAY
MASTIFFS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL
COMPONENTS.
ANY PRODUCTS
PURCHASED, MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PRINTERS OR OTHER HARDWARE THAT
RESULTS FROM YOUR USE OF THIS SITE, OUR PRODUCTS OR OPENING ANY EMAIL
SENT BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. EXCEPT AS EXPRESSLY STATED
HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv)
THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS;
OR (v) ANY DEFECTS WILL BE CORRECTED.
10. PRODUCT
DESCRIPTION, TYPOGRAPHICAL ERRORS, THIRD PARTY SITES
Sante Marine
Propeller attempts to be as accurate as possible with our product descriptions.
However, Sante Marine Propeller does not warrant that product descriptions
or other content of this site is accurate, complete, reliable, current,
or error-free. If a product offered is not as described, your sole remedy
is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS
AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
The listing, description of, or reference to, a product or service on
this site does not imply that the product or service is presently available.
All orders of products or services are subject to prevailing law, including,
as appropriate, export and import regulations and boycotting restrictions,
if any, imposed by governing bodies having jurisdiction over such orders,
products or services.
In the event a product or service is listed at an incorrect price due
to typographical error or error in pricing information received from our
suppliers, Sante Marine Propeller shall have the right to refuse or cancel
any orders placed for product or service listed at the incorrect price
whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your
order is cancelled, Sante Marine Propeller shall issue a credit to your
credit card account in the amount of the incorrect price.
Sante Marine Propeller is not responsible for the content of any sites
that may be linked to or from this site. These links are provided for
your convenience only and you access them at your own risk. Any other
web site accessed from this site is independent from Sante Marine Propeller,
and Sante Marine Propeller has no control over the content of that other
web site. In addition, a link to any other web site does not imply that
Sante Marine Propeller endorses or accepts any responsibility for the
content or use of such other web site. In no event shall any reference
to any third party or third party product or service be construed as an
approval or endorsement by Sante Marine Propeller of that third party
or of any product or service provided by a third party.
11. MODIFICATIONS
TO SERVICE
We may modify,
suspend or discontinue any Product, Service or Promotion in our sole discretion
without prior notice. We reserve the right to reject any order you place
with us, and/or to limit quantities on any order, without giving any reason.
If we reject your order, we will generally attempt to notify you using
the email address you gave us when you placed the order.
12. USER
CONDUCT
Any conduct
by you that in our sole discretion restricts or inhibits any other user
from using or enjoying the site (or any linked site) will not be permitted.
You agree not to access or attempt to access the non-public areas of this
site or any other user's password-protected information or impersonate
any person or entity or otherwise falsely state or misrepresent your affiliation
with a person or entity. Your agree that your data, content, and any information
provided or used on this site, as well as your use of our site, products
and services will not infringe or facilitate infringement on any copyright,
patent, trademark, trade secret, or other proprietary, publicity, or privacy
rights (collectively "Rights") of any party, including the Rights
of third-parties; or contain or promote any viruses, Trojan horses, worms,
time bombs or other computer programming or code that is designed or intended
to damage, destroy, intercept, download, interfere, manipulate, or otherwise
interrupt or expropriate the Site, data, personal information, software,
equipment, servers or content or facilitate or promote hacking or similar
conduct.
We may elect to electronically monitor areas of the Site and may disclose
any content, records, or electronic communication of any kind (i) to satisfy
any law, regulation, or government request; (ii) if such disclosure is
necessary or appropriate to operate the Site; or (iii) to protect our
rights or property or the rights of the users, sponsors, providers, licensors,
or merchants.
13. ACCOUNT
MAINTENANCE
User accepts
full responsibility for (i) keeping his or her account password confidential
and secured, (ii) restricting access to such User's computer; and (iii)
keeping the e-mail address associated with that account current. User
accepts full responsibility for all activities that occur within such
User's account. You agree to immediately notify us of any unauthorized
use of your password or account or any other breach of security. Sante
Marine Propeller will not be responsible for any loss or damage arising
from your failure to comply with your responsibilities and obligations
under these Terms and Conditions.
We reserve the right to delete or change any username or password at any
time and for any reason. We may suspend or terminate your account or your
use of this Site at any time, for any reason or for no reason at all.
You are personally liable for any orders that you place or charges that
you incur prior to termination.
14. LIMITATION
OF LIABILITY
YOU UNDERSTAND
AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS
OR SERVICES (COLLECTIVELY THE "COMPANY UMBRELLA") SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
YOUR USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (INCLUDING ANY
DAMAGE TO A PRINTER FROM USE OF OUR PRODUCTS); (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES
BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR
OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF
THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING
or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL
LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY OR $35.00 (WHICHEVER
IS GREATER).
THE FOREGOING
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
15. INDEMNITY
By using
the Site web sites you agree to indemnify Sante Marine Propeller and the
Sante Marine Propeller umbrella and hold them harmless from any and all
claims and expenses, including (without limitation) attorney's fees, arising
from your use of the site web sites, your use of the products and services,
or your submission of ideas and/or related materials to Sante Marine Propeller
or from any person's use of any ID, membership or password you maintain
with any portion of the site, regardless of whether such use is authorized
by you.
16. PLACE
OF PERFORMANCE
You understand
and agree that Sante Marine Propeller does business only in the State
of Ohio. Sante Marine Propeller does not own or operate any facilities
outside of Ohio. References to any Sante Marine Propeller product or service
do not constitute an offer to sell or supply that product or service,
nor does it mean that the product or service is available in all jurisdictions.
Those who choose to access this site from locations outside Ohio do so
on their own initiative and are responsible for compliance with all applicable
local laws.
17. DISPUTE
RESOLUTION
This Agreement
will be governed by and construed in accordance with the laws of the State
of Ohio, as it is applied to agreements entered into and performed therein,
and excluding (i) the United Nations Convention on Contracts for the International
Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the
International Sale of Goods; and (iii) the Protocol amending the 1974
Convention, done at Vienna April 11, 1980. Any action brought to enforce
this Agreement or matters related to the Site will be brought in either
the State or Federal Courts in Cuyahoga County, Ohio and You hereby consent
to jurisdiction and venue in Cuyahoga County, Ohio for such purpose, waive
the personal service of any process upon them and agree that service may
be effected by overnight mail (using a commercially recognized service)
or by U.S. mail with delivery receipt to the address you provided to Sante
Marine Propeller). Notwithstanding anything contained in this Agreement
to the contrary, Sante Marine Propeller shall have the right to institute
judicial proceedings against you or anyone acting by, through or under
you, in order to enforce Sante Marine Propeller's rights hereunder through
reformation of contract, specific performance, injunction or similar equitable
relief. Any claim or cause of action you have with respect to use of the
Site must be commenced within one (1) year after the claim arises.
18. SEVERABILITY,
NON-WAIVER AND MERGER
If any provision
of these Terms and Conditions is held to be invalid or unenforceable,
the provision shall be removed (or interpreted, if possible, in a manner
as to be enforceable), and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. These Terms and
Conditions set forth the entire understanding and agreement between us
with respect to the subject matter contained herein and supersede any
other agreement, proposals and communications, written or oral, between
Sante Marine Propeller's representatives and you with respect to the subject
matter hereof, including any terms and conditions on any of customer's
documents or purchase orders.
ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH
DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY REDCLAY
MASTIFFS, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE
MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON REDCLAY MASTIFFS.
19. NO
JOINT VENTURE, NO DEROGATION OF RIGHTS
You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and Sante Marine Propeller as a result of these Terms
and Conditions or your use of the site. Our performance of these Terms
and Conditions is subject to existing laws and legal process, and nothing
contained herein is in derogation of our right to comply with governmental,
court and law enforcement requests or requirements relating to your use
of the site or information provided to or gathered by us with respect
to such use.
20. ASSIGNMENT
Customer
may not assign its rights or obligations hereunder without the express
prior written consent of Sante Marine Propeller. This agreement shall
be binding upon the heirs, successors and assigns of the parties hereto.
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