Terms and Conditions
Terms and Conditions
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES
All the content on this site is copyright 2008-2009 Top Shelf Marine Products. All rights reserved.
Website Usage Restrictions
You may access and view the content appearing on this Website for personal, non-commercial use only! You may download and/or copy portions of the content for personal, non-commercial use only, provided that a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. Top Shelf Marine Products reserves complete title and full intellectual property rights in any content that you download from this Website.
You agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Links to Third Party Sites
Please understand that when you access another web site through this one, Top Shelf Marine Products can accept no responsibility for your experience with that site. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.
Communications with Top Shelf Marine Products
We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Top Shelf Marine Products will all be treated as non-confidential and nonproprietary. All communications to Top Shelf Marine Products become the exclusive property of Top Shelf Marine Products and you agree that by transmitting any communication you relinquish all rights and interests in same. Top Shelf Marine Products shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Top Shelf Marine Products shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, Top Shelf Marine Products discourages you from transmitting information that you do not wish to assign to Top Shelf Marine Products, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Top Shelf Marine Products may copy all or part of your communication in any response(s) it makes to you.
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Top Shelf Marine Products, or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Top Shelf Marine Products or a Top Shelf Marine Products affiliate or by third parties who have licensed their rights to Top Shelf Marine Products. All content is copyrighted as a collective work under the U.S. and international copyright laws and Top Shelf Marine Products owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
Top Shelf Marine Products is working hard to ensure that the information provided on the Top Shelf Marine Products site or in any Top Shelf Marine Products data sheet or catalog is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, Top Shelf Marine Products does not guarantee the accuracy or completeness of the information provided on this site or in any Top Shelf Marine Products catalog or advertisement . Top Shelf Marine Products reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
Top Shelf Marine Products does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any Top Shelf Marine Products data sheet or catalog, including any advice or other similar information obtained by you from us though this Website or in any Top Shelf Marine Products data sheet or catalog. Top Shelf Marine Products makes no representation that the content provided in this Website or in any Top Shelf Marine Products data sheet or catalog is applicable or appropriate for use in locations outside the United States.
No Warranties; Limitation of Liability for Website, Top Shelf Marine Products catalog or any type of Top Shelf Marine Products advertisement
In no event shall Top Shelf Marine Products, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website, Top Shelf Marine Products catalog or any type of Top Shelf Marine Products advertisement or any content on this Website, Top Shelf Marine Products catalog or any type of Top Shelf Marine Products advertisement, even if Top Shelf Marine Products or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website, Top Shelf Marine Products catalog or any type of Top Shelf Marine Products advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, Top Shelf Marine Products catalog or any type of Top Shelf Marine Products advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Top Shelf Marine Products total liability to you shall in no event exceed one hundred United States dollars (US$100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Warranties; Limitation of Liability for Merchandise
All merchandise listed in this Website or a Top Shelf Marine Products catalog or any type of Top Shelf Marine Products advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Top Shelf Marine Products disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
Top Shelf Marine Products disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. Top Shelf Marine Products liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
If you use this 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.
Shipping – Risk of Loss
All items purchased from Top Shelf Marine Products are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Top Shelf Marine Products is not responsible or liable for any damage arising from shipment.
Special Shipping Programs
From time to time special shipping programs may be made available to Customers purchashing a specific dollar ammount of product. This may include free shipping on orders over a specific dollar ammount. Under these programs Top Shelf Marine Products reserves the right to select the carrier. The program is valid for surface or ground shipments only to the lower 48 US States. Alaska, Hawaii and all other US territiories are not included. Internatinal shipments are not included in these programs. TSMP Distributors, Retailers and Tournament Customers are not eligable for this program.
We don’t ship to international directly from the website but you can call us to get the best option to get your order delivered. We do not ship to Freight Forward Companies or PO Boxes unless we are able to verify identity and validate your payment. Therefore your order will be cancelled if the USA address destination is a freight forward companies or a PO Box. Call us to help you process your order and for more information.
Due to increased fraudualant activity, credit card transactions with a ship to address outside of the US will be handled on a case by case basis. Prepay via wire transfer or Western Union may be required.
Top Shelf Marine Products retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. Top Shelf Marine Products thus encourages customers to use caution when placing an order, as once placed the order can not be cancelled, nor the item returned or exchanged unless Top Shelf Marine Products expressly consents.
In order to obtain a refund or exchange, prior approval must be given by Top Shelf Marine Products. Please contact us for a Return Authorization Form.
Generally, Top Shelf Marine Products will consider returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.
Due to their product nature, Top Shelf Marine Products can not accept returns of gloves, scrapers or hull mitts unless they are in the original and unopened packaging.
The Terms and Conditions constitute the entire agreement between you and Top Shelf Marine Products with respect to this Website, Top Shelf Marine Products data sheet or catalog or any type of Top Shelf Marine Products advertisement. These Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Top Shelf Marine Products with respect to this Website, Top Shelf Marine Products data sheet or catalog or any type of Top Shelf Marine Products advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Top Shelf Marine Products. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website, Top Shelf Marine Products data sheet or catalog or any type of Top Shelf Marine Products advertisement, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Top Shelf Marine Products or its affiliates.