Marine Depot Terms & Conditions
Last Updated: 4/20/21
All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer's needs in respect of the provision of Marine Depot's online services, in accordance and subject to prevailing applicable laws for our sale of goods.
Henceforth, by accessing this Site, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
Marine Depot is an online store where users can purchase quality products related to the world of aquariums and marine life mascots. Accordingly, Marine Depot agrees to furnish its online store services (the "Services") to:
the visitors that browse the Site;
registered buyers of goods; and
any other users that have opened an account, all subject to the following Terms.
Please remember that certain of our providers may be located in or have facilities that are located a different jurisdiction than either you or us. Therefore, if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Account Registration, Verification and Safety
In order to use our full Services, you must create an account with us, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties.
If you lose or disclose your contact details, you must promptly inform us, and please remember that you are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.
Account Suspension & Termination
Marine Depot encourages you to report violations of our guidelines and Terms. Users undertaking conducts that may constitute a factual—or even alleged—breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.
The prices under these Terms are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from Marine Depot. Marine Depot reserves the right to adjust prices at its discretion with proper notice to each customer. All prices set forth include a 90% sales discount for payment before shipment.
We will undertake their reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Marine Depot cannot fully guarantee such information. Accordingly, the specifications, availability, eligibility, prices and characteristics of the products and services provided via the Site will be subject to change at any time, may or will be discontinued without prior notice and without any responsibility on behalf of Marine Depot.
You authorize us to charge your account for the purchase price and shipping cost. Unless noted, prices are in US dollars, and tax is additional.
We may refuse purchases prior to payment for any reason. If we detect any type of chargeback, we may place a hold on your account.
The receipt of each order is recorded and confirmed by our platform, with the sending of an e-mail to the address indicated by the user. Please keep the email until you receive the purchased product(s).
Each party to these Terms is responsible for complying with all tax obligations associated with the Services. Except as otherwise stated in any attachment, terms are net due upon purchase.
As our customer, it is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details. You Purchaser shall pay all federal, state, municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against our sold products and/or Services.
You hereby agree to pay to Marine Depot on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by Marine Depot with respect to the products and/or services of the sale thereof.
For more information, please be sure to take a look at our Ordering Information Section.
Delivery will be F.O.B. point of shipment. Unless otherwise directed by you, Marine Depot will pre-pay the freight and will bill you for shipping and handling charges. You assume all risk of loss during delivery of the sold products by Marine Depot to the carrier.
In the absence of instructions to the contrary, Marine Depot, on your behalf, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of Marine Depot.
No goods shall be returned for credit or replacement without prior Return Merchandise Authorization number (RMA) authorization by Marine Depot. All goods returned without such prior RMA will not be accepted by Marine Depot and will be returned to the purchaser freight collect.
Upon placing an order, payment must be received and processed by Marine Depot prior to order processing and shipping. Once payment clears, we may proceed to prepare shipping. All items are subject to availability, and we will inform customers if the selected products are out of stock, and in such case to propose substitute items or a full refund of the price paid.
To request information regarding order status, each customer should provide Marine Depot with the following information: order number, customer name, address, items ordered and date ordered. Shipping fees are determined by numerous factors, such as dimensions, delivery address, and type of shipping.
For more information, please be sure to take a look at our Shipping Policy Section.
If you would like to return an item, you must first request an RMA within 60 days of the date your order was shipped. Returned items must be sent back to us in new and unused condition in the original packaging along with all accessories, warranty cards, manuals, software, cables, etc. Beyond 60 days, you must contact the manufacturer directly for warranty service.
For more information, please be sure to take a look at our Returns Policy Section.
As of the last effective date of these Terms, our payment methods include:
International Credit Cards (Billing and Shipping Addresses must match)
Marine Depot Gift Certificates
Pre-paid Checks, Cashier's Checks and Money Orders (make payable to MarineDepot.com).
Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from you may be applied by Marine Depot against any obligation owing on your customer account, regardless of any statement appearing on or referring to such check, without discharging your liability for any additional amounts owing to Marine Depot.
Any acceptance by Marine Depot of any such customer check shall not constitute a waiver of Marine Depot's right to pursue the collection of any remaining balance.
You shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1½%) percent per month or such lower rate as may be the maximum allowable by law.
If you fail to make payment when due, Marine Depot may pursue any legal or equitable remedies, in which event Marine Depot shall be entitled to reimbursement for costs of collection and reasonable attorney's fees. There shall be no time limit as to when Marine Depot shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of:
a maximum of USD $50,000.00;
one hundred percent (100%) of compounded collection amount; or
or the maximum allowable by applicable law
For more information, please be sure to take a look at our Ordering Information Section
Payment Processing Terms
If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data. Your purchase transaction data will only be stored only as long as necessary to complete your transaction with us. After such an order or transaction is complete, your purchase transaction information will be deleted. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
As of the last effective date of these Terms, we use Stripe as our payment processor. For more information, please review Stripe's user agreement.
Payment Disputes & Charge-backs
Users must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice.
A chargeback is typically caused when a customer disputes a charge that appears on its bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you.
You can be assessed charge-backs for:
unauthorized or improperly authorized transactions;
transactions that do not comply with payment gateway rules or that are allegedly unlawful or suspicious; or
any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Marine Depot for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Marine Depot as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees, and other legal expenses incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
These payment dispute and charge back terms are exclusive of any analogous terms and conditions of Stripe Inc. For more information, please be sure to take a look at our Ordering Information Section
You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such inquiries. You must provide us with full details of your service query, so we can clearly asses your concerns.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible.
Intellectual Property Rights
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Marine Depot are the property of –or otherwise are licensed to– Marine Depot or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Marine Depot or our Services, in whole or in part.
For ease of understanding, 'intellectual property rights' shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Marine Depot and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act ('DMCA') Notice
In compliance with the DMCA, we inform you that Marine Depot is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Site, which you may contact by email. You can review the current DMCA text at the U.S. Copyright Office website.
Marine Depot takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with subject: "Takedown Request". Once received, Marine Depot will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another's copyright, Marine Depot may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information:
your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder;
a clear and concise description of the content of which its copyright has allegedly been infringed;
contact information (e.g., address and email); and
a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.
To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum:
Express identification of the content that we may have or have removed from our Site and section or domain it was displayed;
contact information, such as your address and your email address;
a signature and identification of the title holder and/or the person authorized to act; and
a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
User Code of Conduct
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
Infringe these Terms or allow, encourage, or facilitate others to do so.
Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder
Republish, sell, rent, or sub-license content or materials from the Site without our authorization
Reproduce, duplicate, or copy material from the Site without our authorization
Distribute, post, or otherwise make available any content that:
infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other);
enables any act that could promote or cause discrimination, racism, harm, libel, hatred, or violence against any individual or group;
endangers children and underage persons;
is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or
is or can be considered to be obscene, sexually explicit, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, illegal drugs, gambling, or analogous material
Collect, receive, transfer, or disseminate any personally identifiable information of any person without due consent from the title holder.
Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Marine Depot or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software 'robots' and 'spiders' and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
Use our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
Undertake any action that will or may cause an unreasonable load on Marine Depot's and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Marine Depot.
Intercept or monitor activity via our Site or Services, without our express authorization.
Otherwise reverse engineer, decompile or extract the proprietary code of the Site and our Services.
Parts of the Site may offer an opportunity for users to post and exchange reviews, testimonials, opinions and information related to items being sold. We do not initially filter, edit, publish or review comments prior to them being posted. User comments do not reflect the views and opinions of Marine Depot, its agents, and/or affiliates; but rather, they reflect the views and opinions of the person who posts his or her views and opinions.
To the extent permitted by applicable laws, Marine Depot shall not be liable for the comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on our Site. Marine Depot reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive, or cause breach of these Terms. You agree we may moderate Marine Depot’s access to any visitor or user, at our sole discretion (e.g. by blocking (e.g., IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination).
not to bypass said moderation
that we are not liable for moderating, not moderating, or representations as to moderating; and
nothing we say or do waives our right to moderate, or not.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to our Services.
No Spam Policy
We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party.
We encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Marine Depot's Services are not intended for the use of individuals under the age of 16, We do not knowingly collect information online from individuals under the age of 16.
We may support the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the Site, and the nature and extent of such advertising by us is subject to change without prior notice. If you would like to opt-out of these advertising and commercial services, you can do so here.
The Site may allow you to create and/or subscribe to a newsletter service, which may be provided by us or through an authorized third party. As a user, you will receive a conspicuous communication indicating subscription therefore and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find 'unsubscribe' and similar links on our electronic communications and also in your account preferences.
The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete control. Some or all of the images shown in the Site are licensed and/or purchased stock photos and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertaken by external third parties, and does not reflect Marine Depot’s opinions, nor does Marine Depot, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
If you find any link on our Site that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
You acknowledge and agree that Marine Depot shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.
Neither party shall disclose any Confidential Information to any third party except to its employees, attorneys, tax or accounting professionals who have a legitimate need to know and who have agreed to be bound by the provisions of a confidentiality agreement at least as stringent as the ones herein. Each party shall further protect the Confidential Information to the same extent as it protects its own information of a similar type.
For the purposes herein stated, "Confidential Information" shall be defined as the digital, verbal and/or written disclosures, documents or communications, stored in either written, graphic, digital, optical electromagnetic form or in software as a service systems, commonly known as "the cloud", e-mails, optical disks, memory cards or removable drives or any other means that can retain information.
Confidential Information shall not include, information that:
is in the public domain at the time of disclosure;
becomes publicly available through no fault of the recipient party and without breach of these Terms,
is already in the lawful possession of a party without restriction prior to disclosure;
becomes rightfully known to a party without restriction from a source other than the disclosing party; or that
is required to be disclosed by virtue of an order of a competent court or a legal requirement; shall not be deemed Confidential Information.
User Representations and Warranties
You hereby represent, warrant and covenant that:
your use of our Site, Services and personal data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization;
you have obtained all necessary rights, releases and permissions to provide any data to Marine Depot and its affiliates, licensors and agents; and to grant the rights granted to Marine Depot in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
The term hereof shall begin on the date that comes first among:
first access to the Site;
your first access or execution of our Services; or
Marine Depot begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your:
account deactivation, suspension, freezing or deletion;
access termination or revocation for our Services;
Marine Depot’s termination of these Terms, at its sole and final discretion;
the termination date indicated by Marine Depot to you from time to time; or
Marine Depot’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.
Termination for Cause by Marine Depot
These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, our App, our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. In this case, please contact our support department in order to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers.
Disclaimer of Warranty
To the fullest extent permissible under applicable law, the Site, the App and the Services are provided to you "as is", with "all faults" and "as available", without warranty of any kind. Marine Depot, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Marine Depot expressly disclaims any representation or warranty that Marine Depot complies with all applicable laws and regulations. If you make use of Marine Depot, you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of Marine Depot.
In no event shall Marine Depot, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of Marine Depot or the Services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, business glitch, defamation, or loss of data (notwithstanding that we might have been advised of the possibility of such damages or such damages are foreseeable); whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Marine Depot, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages; emanating from or connected, in any way, with your use of, or inability to use Marine Depot. Your singular redress for dissatisfaction with Marine Depot is your prompt withdrawal from using Marine Depot.
Limitation of Liability
If a user suffers loss or damage as a result of Marine Depot’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the amount paid to Marine Depot in connection with its Services within the three (3) months before the action giving rise to the liability.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree and acknowledge to indemnify, hold harmless, and defend Marine Depot, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Marine Depot’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Marine Depot’s Indemnitees arising out of or relating to:
any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Marine Depot);
your use of Marine Depot;
any content on the Platforms;
your conduct or interactions with other users of Marine Depot;
your violation of any part of these Terms; and/or
any third party claim arising out of or in relation to Marine Depot or our Services or use thereof in combination with another platform, including without limitation, any claim Marine Depot or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
We will immediately notify you of any such claim and will provide you (at your own expense) with assistance in defending the claim. Unless our prior written consent is first obtained, you will not settle any claim the defense of which we need to participate in. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that circumstance, you will be under no obligation to defend us in that matter.
These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Marine Depot’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Marine Depot is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Marine Depot’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.
You hereby acknowledge and agree that if these Terms are not specifically enforced, Marine Depot will be irreparably damaged, and therefore you agree that Marine Depot shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Certain export laws and regulations of Canada and the United States and any other applicable export laws and regulations apply to the Services. Each of our customers acknowledge and agree that such export control laws govern said customer's use of our Services (including technical data) and any of Marine Depot’s Services provided under this Agreement. Each customer must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by U.S. and other governments.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Failure by Marine Depot to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
You and Marine Depot are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by Marine Depot that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of these Terms. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration applies to you and Marine Depot, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a "Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Marine Depot should be sent to our address as indicated in our contact section. After the Notice is received, you and Marine Depot may attempt to resolve the claim or dispute informally. If you and Marine Depot do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.
Arbitration shall be initiated through the American Arbitration Association (AAA) Rules, an established alternative dispute resolution provider (the "ADR Provider") that offers arbitration as set forth in this section. The AAA Consumer Arbitration Rules (the "ADR Provider Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The ADR Provider Rules shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the ADR Provider Rules.
Any hearing will be held in a location within 100 miles of Marine Depot’s main business premises in California, unless you reside outside of such area, and unless the parties agree otherwise. If you reside outside of such geographical area, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or Marine Depot elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ADR Provider Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Marine Depot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider Rules, and these Terms. The award of the arbitrator is final and binding upon you and Marine Depot. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
Waiver of Class Actions, Non-Individualized Relief
You acknowledge and accept that claims brought against Marine Depot shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Marine Depot, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
You agree to submit to the applicable laws in the State of California, United States of America, which will govern these Terms and any claim, without regard to conflict of law provisions.
For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the City of Garden Grove, State of California, United States of America.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Specific Notices for California Residents
California Residents Notice
As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided to you by Marine Depot. For any inquires or complaints regarding the Site, please contact our customer service team.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs (DCA) by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. California Relay Service: 1-800-735-2922 (Voice).
Consumer service representatives can answer consumer, licensee, and applicant questions in over 200 different languages. They can also assist in the filing of complaints, and mail helpful publications. Automated services are available 24 hours a day, seven days a week.
To submit a public comment, complaint, suggestion or to submit a Public Records Act (PRA) request, please email firstname.lastname@example.org.
Waiver for California Residents
If you are a user currently residing in the State of California, you hereby acknowledge and waive Section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Updates & Amendments
Marine Depot reserves the right to modify, amend, suspend, terminate, upgrade, update, or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.