AGREEMENT By accessing this website and by placing your order for any production, application, or device from Seller, you assume, accept and agree to be bound by these Terms and Conditions. If you are unwilling to be bound by the Terms and Conditions, do not place an order.
CAPACITY By accessing this website and placing any order on or through this website, you represent and agree that you are at least the age of majority in the state or province of your residence. You further agree that you have the authority and capacity to enter into contracts and/or binding agreements and that you have read and understand all of these Terms and Conditions.
INTELLECTUAL PROPERTY You acknowledge and agree that any and all products, applications, devices and information that you order, obtain, receive and/or learn from this website is patent pending, patented, trademarked, and/or otherwise intellectually protected, as the case may be, and that you will not copy, replicate, assemble, disseminate, distribute, and/or resell any of the products, applications, and devices, except in an installed state in conjunction with or associated with the resale of your vessel.
MISUSE You understand and agree that the products, applications, and devices ordered, purchased, or received by you from this website are intended for a specific purpose and use. Each product, application, and device are measured for a specific purpose and vessel and therefore, cannot be transferred to and/or used in connection with a different vessel. In addition, you agree to only use the products, applications, and devices purchased on this website only for their intended use and in the manner specified in this website. Any other use is strictly prohibited and at the Buyer’s sole risk and responsibility.
MEASUREMENT Each product, application, and device are intended for a specific use and therefore, is dependent upon accurate measurement and data input supplied by the buyer. It is your responsibility to accurately measure your vessel using the correct measurement diagram and to provide correct data and information to Seller. A mis-measurement, including items above and below may affect the installation and performance of your product, application, and/or device and may result in it being unsafe and unseaworthy. Ensure that ALL measurements and data provided is accurate. Ensure your toon bottoms and any wetted surfaces are clean to the metal or paint from debris like algae, hair algae, barnacles, seaweed, mussels’ slime, and growth which would affect performance. Ensure toons are drained and dry and any storage areas are dry and free of standing water. Any mis-measurement or supply of wrong data will affect the installation and performance of your product, application, and/or device and may result in lack of expected speed, fuel mileage, quieter ride, increased range, wear and tear on engine, maintenance schedule, etc.
WARRANTY All products, applications, and devices are warranted against manufacturing defects for a period of one (1) year from the date of purchase. This is the only warranty. All other warranties, including, but not limited to the warranty of merchantability, warranty of fitness for intended use, and implied warranty are hereby disclaimed.
DISPUTE RESOLUTION Any and all disputes arising out of this website, the products, applications, and devices sold on it and the business relationship of the parties shall be resolved by binding arbitration.
The parties hereby agree to completely and entirely refrain from litigation in the court system.
The place of such arbitration shall be Hillsborough County, Florida. Before resulting to binding arbitration, the parties shall make an attempt to resolve any dispute through mediation. Each party shall equally share the cost of mediation. The prevailing party in binding arbitration shall be entitled to receive the cost of such arbitration and their reasonable attorney’s fees. You and the Seller are agreeing to give up any right to litigate claims in a court or before a jury, or to participate in a class action or other representative action with respect to any and all claims arising out of your order, the products ordered, purchased, received and/or used and any part of the parties’ business relationship. Any and all claims between the parties, including but not limited to, statutory, consumer protection, common law, negligence, intentional tort, contract, injunctive relief and equitable claims will be resolved exclusively and finally through binding arbitration.
ORDERS Except in unusual circumstances, orders, once complete, shall be filled in the order in which they are received. Orders will generally be processed within ten (10) days of receipt of the completed order and payment.
SHIPPING Buyer has the choice of how to ship the products purchased and whether to obtain insurance for such products and where to receive such products. Products may be picked up at the Seller’s facility for no additional charge.
RETURNS As each product, application, and/or device is manufactured and packaged based upon the customer’s measurements; and therefore, products, applications, and/or devices cannot be returned for credit or refund.
PRIVACY Any and all information provided by Buyers shall be used only by Seller to process and fill the buyers’ order and will not be shared, published or resold to anyone. Buyers agree that by placing an order, they can receive information, material, press releases and notifications from the Seller unless they opt out of receiving such materials.
LIMITATION OF DAMAGES The damages in any claim arising out of this website and/or the products, applications, and devices purchased through this website shall be limited to the customer’s actual, out of pocket damages and any and all consequential and punitive damages are hereby waived. Buyer further agrees that any and all actual, out-of-pocket damages shall be limited to and/or not exceed five (5) times the purchase price of the products, applications, and devices purchased through this website and that such limitation is a fair and reasonable appropriation of any customer’s potential damages.
WATERCRAFT USE Buyer acknowledges and agrees that the proper installation of correctly measured products, applications, and devices ordered on the website should increase the level of performance and speed of customer’s watercraft. Buyer agrees to operate all watercraft in a safe and prudent fashion and to comply with all boating rules and regulations. Buyer further agrees to become familiar with the enhanced performance of customer’s watercraft prior to operating such watercraft.
FLORIDA LAW The Seller is based in the State of Florida. Seller has no place of business other than the State of Florida. As a result, the parties acknowledge and agree that these Terms and Conditions, as well as the parties’ business relationship, shall be governed by Florida Law and Florida Law shall be applied to any and all disputes between the parties. It is agreed that parties acknowledge that any/all legal actions brought forward shall be filed and heard by the Court in Hillsborough County, Florida.
AMENDMENT The Terms and Conditions may be modified by the Seller at any time and without notice. The parties’ relationship shall be governed by the Terms and Conditions in effect and published on the website at the time of the Buyer’s completed order.
FORCE MAJORE Seller will not be responsible to Buyer, or to be deemed to be in default of this Terms and Conditions, for any failure or delay in performance, when and to the extent such failure or delay is caused by, substantially related to, or results from acts or circumstance beyond the Seller’s control, including without limitation, acts of God, natural disasters such as floods, fires, hurricanes, storms, earthquakes, wars, riots, governmental regulations, events of terrorism, strikes, labor disputes, national emergencies, epidemics, pandemics, supply and material disruptions.
CAPTIONS The captions used in these Terms and Conditions are solely for the convenience of the Parties and shall not be used interpreting these Terms and Conditions.
USE OF IMAGES AND TESTIMONIALS FOR PROMOTIONAL PURPOSES Unless Buyer opts out, the Buyer authorizes PHA, Inc. to make photographs and video recordings related to “before and after” results and use written and video personal testimonials. Buyer irrevocably grants PHA, Inc. a royalty-free license to use image and likeness for all lawful purposes, including/but not limited to promotional purposes in advertising, video, web, social media and other formats, etc.
