Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. THIS WEBSITE AND THE INFORMATION ON IT IS CONTROLLED BY CAPTAIN’S MARINE SUPPLY, LLC (“CAPTAIN’S MARINE SUPPLY”).

BY ACCESSING OR USING THE WEBSITE IN ANY WAY, COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CAPTAIN’S MARINE SUPPLY AND C) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF A COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, WHO VISITED OR ACCESSED THIS WEBSITE OR WHO IS IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

IN ADDITION TO THIS AGREEMENT, ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO ANY PRODUCTS THAT ARE PURCHASED OR DISTRIBUTED THROUGH THE WEBSITE, INCLUDING ANY WARRANTIES THAT MAY BE OFFERED IN CONNECTION WITH THE USE THEREOF. IF THERE ARE ANY AMBIGUITIES OR CONTRADICTORY TERMS BETWEEN THIS AGREEMENT AND ANY ADDITIONAL TERMS AND CONDITIONS, THE ADDITIONAL TERMS AND CONDITIONS SHALL CONTROL. IF YOU HAVE QUESTIONS REGARDING RETURNS OR EXCHANGES OF ANY PRODUCT SOLD OR DISTRIBUTED THROUGH THIS WEBSITE PLEASE READ OUR RETURN POLICY, OR CONTACT US DIRECTLY @ www.captainsmarinesupply.com

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE WEBSITE. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCT SOLD OR DISTRIBUTED THROUGH THE WEBSITE, WILL BE GOVERNED AND INTERPRETED BY & UNDER THE LAWS OF THE STATE OF SOUTH CAROLINA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.

RIGHT TO WEBSITE ACCESS:

Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access and use this website and the information & content available on the website. The rights granted to you in this Agreement are subject to the following restrictions: A) you may not remove, alter, destroy or obscure any copyright or any other proprietary notices contained on or in the website; B) you may not modify or reproduce or publicly display, perform, or distribute or otherwise use this website for any public or commercial purpose; C) you shall not license, sell, rent, lease, transfer, assign, reproduce, host or otherwise exploit this commercial website; D) you shall not frame or utilize framing techniques to enclose any trademark or logo, including images, text, & page layout for this website; E) you shall not use any metatags or other hidden text using Captain’s Marine Supply name or trademarks; F) you shall not modify, translate or merge, make derivative works of, disassemble or reverse engineer any part of the website except to the extent the foregoing restrictions are expressly prohibited by all applicable laws; G) you shall not use any automated or manual software, devices or other processes to download data from any web pages contained in the website; H) except as expressly provided herein, no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

As a condition of your use of this website, you represent and warrant to us that you will not use this website for any purpose that is unlawful, immoral or prohibited by applicable law or by this Agreement. Other than this Agreement and agreements between you & Captain’s Marine Supply relating to the sale of products to you through this website, Captain’s Marine Supply will not enter into any agreement with you or obligation to you through this website. No attempt to create such an agreement or obligation will be effective. Use of this website is unauthorized in any jurisdiction where all or any portion of this website may violate any legal requirements and you agree not to access this website in any such jurisdiction. You are responsible for compliance with all applicable laws.

Updates to Agreement Changes:

This Agreement is subject to change by Captain’s Marine Supply at any time. When changes are made to this Agreement Captain’s Marine Supply will make all written changes available on the website. Any written changes will become effective immediately for new users of the website and will become effective 30 days after posting notice of such changes on the website for existing users.

Ownership:

You agree that Captain’s Marine Supply owns all rights, title, & interest in the website. All names & logos and all other product and service names, design marks and slogans used in connection with the website are trademarks of Captain’s Marine Supply or one of its affiliates, vendors or manufacturers and all other marks are the property of that respective company.

Account Setup & Maintenance:

Access to certain features of the website requires that you register for an account on the website. If registering an account on the website you agree to A) provide accurate, true, current & complete information about yourself when prompted by the registration form; B) maintain and update your account information to keep it current.

You represent that you are A) of legal age to form a binding contract and B) not a person barred from using our website. You are responsible for all activities that occur under your account. You hereby agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of this website by minors. You may not share your account or password with any one and you agree to notify Captain’s Marine Supply immediately of any unauthorized use of your password, or any breach of security. Furthermore, you agree not to create an account using a false identity or information on behalf of someone other than yourself. Captain’s Marine Supply reserves the right to remove any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. You agree, in addition, not to create an account or use our website if you have previously been removed or banned from using our site.

Customer Feedback:

We welcome your comments regarding our website and our product offering. By providing feedback to Captain’s Marine Supply, you hereby grant to us an unrestricted, irrevocable, sublicensable, transferable, worldwide, royalty free license to use, reproduce, publicly display and disclose any such feedback for any purpose. We are under no obligation to maintain any feedback confidence, or to compensate you for any feedback or to respond to your feedback. You further acknowledge that you will not provide any information or materials to us or on our website that are defamatory in nature, obscene, threatening, harassing or otherwise unlawful or that incorporate the proprietary material of another individual or company.

Limitation of Liability:

The following limitation of liability applies to supplements, but does not otherwise limit our return & exchange policies with respect to any specific purchased items. If there are any ambiguities or contradictory terms between this Agreement and our return & exchange policies, our return & exchange policies shall control with respect to the return of and refunds for specific purchased items.

IN NO EVENT SHALL CAPTAIN’S MARINE SUPPLY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, BUSINESS OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, OR THE INFORMATION AVAILABLE THEREIN, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CAPTAIN’S MARINE SUPPLY WAS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IN NO EVENT WILL CAPTAIN’S MARINE SUPPLY BE LIABLE TO YOU FOR AN AMOUNT EQUAL TO THE GREATER OF (I) THE AMOUNTS PAID TO YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR (II) ONE HINDRED DOLLARS USD ($100), WHICHEVER IS LESS.

NOTWITHSTANDING THE FOREGOING, CAPTAIN’S MARINE SUPPLY DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY CAPTAIN’S MARINE SUPPLY GROSS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY CAPTAIN’S MARINE SUPPLY FRAUD OR FRAUDULENT MISREPRESENTATION. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NO WARRANTIES:

THIS WEBSITE, INCLUDING THE INFORMATION CONTAINED WITHIN, IS PROVIDED BY CAPTAIN’S MARINE SUPPLY ON AN “AS IS” & “AS AVAILABLE” BASIS. CAPTAIN’S MARINE SUPPLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, INCLUDING THE INFORMATION CONTAINED WITHIN. THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPTION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE AND WE MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED ON THE WEBSITE AT ANY TIME WITHOUT NOTICE. THIS WEBSITE, CAPTAIN’S MARINE SUPPLY, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE APPLICABLE ITEM.

INTERNATIONAL USERS:

YOU MAY NOT USE THIS WEBSITE OR EXPORT THE PRODUCTS ON THIS SITE IN VIOLATION OF U.S. EXPORT LAWS AND REGULATIONS. IF YOU ACCESS THIS WEBSITE, FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS. INFORMATION, PRODUCTS, AND MATERIALS PUBLISHED ON THE WORLD WIDE WEB, WHICH MAY CONTAIN REFERENCES OR CROSS REFERENCES TO OUR PRODUCTS THAT ARE NOT AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT WE INTEND TO MAKE SUCH PRODUCTS AVAILABLE IN YOUR COUNTRY.

INDEMNIFICATION:

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD CAPTAIN’S MARINE SUPPLY AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT.

DISPUTE RESOLUTION:

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH CAPTAIN’S MARINE SUPPLY AND AFFECTS YOUR RIGHTS.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by Captain’s Marine Supply that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Notwithstanding the foregoing, however, you agree that you will not bring a class action claim in small claims court. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Captain’s Marine Supply, 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 this Agreement.

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 (“Notice”) describing the nature and basis of the claim or dispute, and of the requested relief. A notice to Captain’s Marine Supply should be sent to: United States Corporation Agents, Inc. 1591 Savannah Highway, Suite 201, Charleston, SC 29407. After this Notice is received, you and Captain’s Marine Supply may attempt to resolve the claim or dispute informally. If you and Captain’s Marine Supply 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.

Arbitration Rules: To begin an arbitration proceeding, you must send a letter requesting arbitration. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent that such rules, may be in conflict, with this Agreement. 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 (US $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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-Appearance Based Arbitration: If nonappearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, 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.

Authority of Arbitrator: If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Captain’s Marine Supply, 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 grant motions dispositive of all or part of any claim. 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 JAMS rules, and this Agreement. 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 award of the arbitrator is final and binding upon you and Captain’s Marine Supply.

Waiver of Jury Trial: Except as otherwise provided for herein, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to a limited review by a court. In the event any litigation should arise between you and Captain’s Marine Supply in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CAPTAIN’S MARINE SUPPLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive: All of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Captain’s Marine Supply.

Small Claims Court: Notwithstanding the foregoing, either you or Captain’s Marine Supply may bring an individual action in small claims court, but the jury trial waiver still applies.

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. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Courts: In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit all claims and actions only in and submit to the personal jurisdiction of the courts located within Beaufort County, South Carolina for such purpose.

GOVERNING LAW:

This agreement shall be governed in all respects by the laws of the State of South Carolina, excluding its rules governing conflict of law.

WAIVER

Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

SEVERABILITY

If all or any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

ENTIRE AGREEMENT

This agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this agreement shall remain in full force and effect.

INDEPENDENT CONTRACTORS

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of this website.