TERMS AND CONDITIONSEffective Date : May 11, 2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of NVN Marine. The collective work includes works that are licensed to NVN Marine. Copyright 2020, NVN Marine, Nvine LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with NVN Marine or purchasing NVN Marine products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with NVN Marine or to purchase NVN Marine products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by NVN Marine. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of NVN Marine used in the site are trademarks or registered trademarks of NVN Marine. All other products, services and/or company names mentioned herein are trademarks of their respective owners.
This site is provided by NVN Marine on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, or products included on this site, or the suitability of the materials on this site for any purpose. The materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this site. You acknowledge that any reliance on any such opinion, 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 site and we may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice. This site, the information and materials on the site, and the software made available on the site, are provided "as is" and we specifically disclaim 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. In no event shall we or our affiliates or agents be liable for any direct, indirect, punitive, incidental, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) arising out of or in any way connected with the use of this site, the content or the materials in this site, the delay or inability to use this site or otherwise arising in connection with this site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. In no event will we be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose. 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.
Limitation of Liability
NVN Marine shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if NVN Marine has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a NVN Marine product is mistakenly listed at an incorrect price, NVN Marine reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NVN Marine reserves the right to refuse or cancel any such orders 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, NVN Marine shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by NVN Marine without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NVN Marine may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to NVN Marine.
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NVN Marine products) shall be in the state or federal courts located in New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NVN Marine products) must be commenced within one (1) year after the claim or cause of action arises. NVN Marine's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NVN Marine may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a NVN Marine or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers.
If you register for an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
This Site is controlled, operated and administered by NVN Marine from its offices within the United States of America. We make no representation that Materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials and/or products in violation of U. S. export laws and regulations. If you access this Site 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 may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.
NVN Marine does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, NVN Marine is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, NVN Marine reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to NVN Marine in its sole discretion.
You agree to indemnify, defend, and hold harmless NVN Marine, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, NVN Marine may link to sites operated by third parties. However, even if the third party is affiliated with NVN Marine, NVN Marine has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NVN Marine. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NVN Marine seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Correction of Errors
While our goal is a 100% error-free Site, we do not guarantee that any Materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and Materials on our Site and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
While we will make every effort to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product or service, to remove any Materials listed on this Site and to change pricing, terms, specifications and warranties at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets or distribution channels. The prices displayed on this Site are quoted in U.S. dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges, change of delivery address charges, return to sender shipping charges, address correction charges, refuse shipment charges, and state and local sales or use taxes that may apply to your order. All orders that have been processed for shipping must go through the normal RMA process to be returned or exchanged.
By placing an Order on the Website you are representing to NVN Marine that you are legally competent to enter into a binding agreement, and at least 18 years old.
Delivery And Rick of Loss
Deliveries will not be made to publics places, PO boxes or in NVN Marine or distributor warehouses. Risk of loss and ownership of the Products purchased by you shall pass from NVN Marine to you upon your receipt of the Products. Risk of loss and ownership of the Products being returned to NVN Marine shall pass from you to NVN Marine upon NVN Marine’s acknowledgment of receipt of the returned Products.
Products purchased from the Website are of satisfactory quality and reasonably fit for all the purposes for which products of a similar type are commonly supplied. Subject to any specific warranties offered in relation to specific Products or those required by applicable law, NVN Marine does not provide any guarantees or warrantees in relation to the Product. NVN Marine is only liable for losses suffered by you as a result of NVN Marine’s breach of the Terms and Conditions and any documents expressly referenced herein, which is strictly limited to the purchase price of the Product purchased by you. In addition to the foregoing, NVN Marine makes no express warranties on sale items marked “On Sale”, which are sold on an “as is” basis. This does not include or limit NVN Marine’s liability for any matter for which it would be unenforceable for NVN Marine to attempt to exclude or limit its liability including, without limitation, personal injury or death as a result of negligence and/or fraud. To the extent permitted under applicable law, and notwithstanding anything to the contrary set forth herein, NVN Marine excludes any and all implied warranties, including the implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose of all Products, including sale items marked “On Sale”. You may have certain rights under the local law of your state of residence, and nothing in these Terms and Conditions is intended to affect such rights to the extent they are applicable.
NVN Marine is not responsible for any failure to perform, or unreasonably delay its performance of, any of its obligations herein, that are, directly or indirectly, caused by or a result of, any events outside NVN Marine’s reasonable control including, without limitation, war, riots, natural disasters, labor strikes, and inability to obtain raw materials.
If NVN Marine does not insist on strict performance of your obligations under the Terms and Conditions and any documents expressly referenced herein, or if NVN Marine fails to exercise any of its rights and remedies contained in the Terms and Conditions and any documents expressly referenced herein, or under applicable law, this shall not constitute a waiver of such rights or remedies on behalf of NVN Marine and shall not relieve you from such obligations.
You and NVN Marine shall be the only parties with any rights to enforce the Term and Conditions and any documents expressly referenced herein. The Terms and Conditions and any documents expressly referenced herein shall not be assigned by you, in whole or in part, to any third party.
If any of the terms, conditions or provisions of the Terms and Conditions or any documents expressly referenced herein are found to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable law.
Our Right to Vary These Terms and Condition
NVN Marine has the right to revise and amend the Terms and Conditions from time to time, in its sole discretion. You shall be subject to the Terms and Conditions in force at the time you place an Order unless any change is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if NVN Marine notifies you of a change to the Terms and Conditions prior to providing you with the Shipping Confirmation.
Law and Jurisdiction
The Terms and Conditions and any documents expressly referenced herein shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed and fully performed within the State of New York excluding (a) any conflicts of law, rules or principles that might refer the governance or construction of the Terms and Conditions to the laws of any jurisdiction other than the State of New York, and (b) the provisions of the 1980 United States Convention on Contracts for the Sale of Goods. You and NVN Marine irrevocably and unconditionally submit to the non-exclusive personal jurisdiction of the courts located in the State of New York for any action, suit or proceeding arising out of the Terms and Conditions or the transactions contemplated hereby and waive any objection to the laying of venue in the state or Federal courts in the State of New York, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.
Arbitration and Class Action Waiver
Any dispute, claim or controversy arising out of or relating to the use of this Website of these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration conducted in the state of New York before a neutral arbitrator. You agree that any claims will be adjudicated on an individual basis, and each waives the right to participate in a class, collective, or other joint action with respect to the claims.
You agree not to bring any dispute on a class basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class action ("Class Action Waiver"). The Class Action Waiver shall be severable from this Agreement in the event it is found unenforceable. Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, revocable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure the individual action proceeds in arbitration.
Important Information Regarding Your Credit Card
NVN Marine reserves the right to request from you any additional evidence or proof of billing information.
- The credit card charge for the Order will appear on your credit card statement as “NVNMARINE.COM”. If you contest the validity or amount of a charge related to an order with NVN Marine, please email the Customer Service Department at firstname.lastname@example.org
- NVN Marine will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an Order filled and delivered to the you.