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Terms and Conditions

PLEASE READ THIS TERMS AND CONDITIONS POLICY CAREFULLY. YOUR USE OF THE WEBSITE OR ONLINE SHOP AND YOUR CONTINUED USE AFTER ANY CHANGES ARE POSTED SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ANY CHANGES.

This website, www.MarusonUSA.com (“Site”), is owned by Maruson Technology Corporation and its affiliates (collectively “Maruson”, “we”, “us”, and “our”). Except as otherwise noted, these terms and conditions (“Terms”) govern your use of the Site, purchase or use our products (“Products”), download or use our software (“Software”), or by contacting us you engage in our service (“Service”), and the content we include or make available (“Content”), and agree to follow and be bound by these Terms. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

THESE TERMS INCLUDE A MANDATORY JURY AND CLASS ACTION WAIVER AND BINDING ARBITRATION PROVISION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. AMONG OTHER THINGS, YOU AGREE THAT IN THE EVENT YOU HAVE A CLAIM OR DISPUTE WITH MARUSON, YOU WILL FIRST TRY TO FIND A RESOLUTION THROUGH US AND IF WE DO NOT COME TO A RESOLUTION, SUCH DISPUTE MUST BE SETTLED BY MEDIATION PRIOR TO ARBITRATION ON AN INDIVIDUAL BASIS AND YOU CANNOT MAKE OR JOIN IN A CLASS ACTION CLAIM. YOUR USE OF THE SITE CONSTITUTES YOUR EXPRESS AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM. DO NOT USE OUR SITE, PRODUCTS, OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS OR ANY CHANGES MADE TO THEM.

As used in these Terms, “you” and “your” refers to you the individual and the entity you represent.

This Site is intended to be used by persons at least 18 years old. By continuing on our Site, you agree that you are at least 18 years of age and are fully able to accept these Terms. If you are under 18, you may use our Site and Service only with the involvement and permission of your parent or legal guardian.

 

Privacy Policy

Please review our Privacy Policy for information on how we collect and use your information and other privacy practices.

 

Prohibited Conduct

By using our Sites, Product, or Services, you agree you will not use the Site in any way that cause or may cause damage, accessibility, availability, distribution or redistribution, or hinder performance to the Site, Software, or Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Prohibited conduct includes:

  • Using the Site or Service to post, share, or otherwise make available Content that violates the civil rights of others, including defamation, stalking, abusing, threatening, harassing, inciting violence, pornographic, or to harvest, compile, mine, or collect information about others without their express consent, or otherwise objectionable;
  • Transmitting, hosting, transferring, distributing, or linking any computer virus, Trojan horses, malware, Easter eggs, worms, spiders, indexing agents, bots, web crawlers, data miners, scrapers, keystroke loggers, rootkits, time bombs, logic bomb, adware, deep link, or any computer codes, malicious files, extraction tools, or programs that could damage, alter, disrupt, destroy, impair, hijack, disable, or overburden, limit availability, or functionality of this Site, Service, Software, Product, hardware, or telecommunications equipment;
  • Altering, disabling, damaging, tampering, impairing, framing, mirroring, reverse engineering, decompiling, interfering, or removing any features the Site, Services, or security-related features;
  • Intentionally or unintentionally violate or encourage violation of any local, state, national, or international law, and any rules and regulations having the force of law;
  • Attempting to decipher, decompile, disassemble, or reverse engineer any Software or other underlying code used to provide or support the Sites, Products, or Services;
  • Removing any copyright, trademark, or other proprietary rights notice from the Sites or materials available for use;
  • Providing false, misleading, or inaccurate information to Maruson or any person in connection with the Site, Products, Warranty, Software, or Services;
  • Harassing, advocating harassment, annoying, stalking, intimidating, impersonating, or threatening any Maruson employee or affiliates;
  • Impersonating, misleading, defrauding, claiming false affiliation, or otherwise misrepresenting who you are or the entity or affiliation you represent, are connected with, or how you are affiliated with Maruson;
  • Using the Site to promote, advertise, spam, offer for sale, send “chain letters,” or sell any goods or services;
  • Using false email addresses, impersonating, or attempting to impersonate a person or entity, or any Maruson or affiliates, or otherwise mislead the origin of the content;
  • Posting, distributing, or take any action to share proprietary information that would violate the right of another entity, contract, or law;
  • Or, advocating, encouraging, or assisting any third party in doing any of the foregoing.

If we suspect that you have used our Product, Service, Software, or Site for an unauthorized, illegal, or criminal purpose, you give us express authorization to share any information about you and your transactions or interactions with us to law enforcement or other legal authority.

While we try to maintain the security of the Sites, we do not guarantee the Sites will be secure or that any use of the Sites will be uninterrupted.

Maruson Products are not designed, manufactured, or intended for use in nuclear facilities, life support equipment, or other mission-critical environments where use or failure of the Product could lead to death or personal injury.

 

Software

Any Software made available for download from the server of this site may only be used by the end-user according to the user license agreement. Any reproduction or redistribution of the Software not in accordance is prohibited.

 

Compatibility with Third-Party Devices

We do not guarantee that the Products, Software, or Services will be compatible with your computers, operating system, or other third-party software, electronics, mobile browsers, or other applications.

 

Merchandise Availability

Subject to these Terms, we will supply you the Products indicated on your order confirmation. Availability of Products on our Site or online store is not guaranteed. Our acknowledgment of an order only means your order request has been received but does not mean acceptance of the order, Product availability, or a confirmation of price. Placing items in your cart does not guarantee availability or reserve stock for you. Low-stock items may be purchased by other customers if they checked out before you. If merchandise is not available by the time your order processes or we find pricing errors, we will cancel your order and email you about the cancellation. You will receive a shipping confirmation email once your items have shipped. Not all merchandise displayed on our Site is available for purchase. Some products require a consultation prior to purchase while others are not available for sale based on your shipping location.

The majority of Products listed on the Site are Custom Products and requires a presale consultation prior to purchase. Not all Products on this Site will be available for sale depending on final use location and configuration.

 

Currency

All prices listed are in US dollars.

 

Sales Tax

You are solely responsible for any applicable sales, use, or similar tax and agree to indemnify Maruson for any such tax if not properly paid by you. Taxes that appear in your online order confirmation are estimated. The actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. We attempt to comply with all state and local tax laws as they exist while continuing to monitor and update its taxation policies as those laws change.

 

Transactions

We reserve the right to refuse, delay, hold, or cancel any order you place, including pricing errors, limit quantities on orders placed by the same Account, prohibit purchase due to buyer abuse, suspicion of fraud, compliance with economic or trade sanctions, high account balances, potential violation with our policies or policy of our payment processing vendors.

Any purchases made with a foreign credit card are subject to foreign transaction fees, shipping delays, additional custom inspections, duties, taxes, import fees, surcharges, service fees, handling fees, or other fees that are not our responsibility.

 

Pricing

Prices on this Site are not guaranteed. Products offered by our distributors or as advertised may vary from what is posted on this Site. All prices, discounts, and promotions posted on this Site are subject to change without notice. Posted prices do not include taxes, shipping fees, or any additional fees if applicable.

The pricing displayed is in “SRP” to refer to suggested retail price. SRP is a suggested price at which we recommend the Products be offered or sold by us or our distributors. Prices may vary amongst sellers and change over time or location Products are distributed in.

We will only correct transactions that was processed incorrectly if you notify us within seven (7) days of the transaction date and only for transactions processed directly by us. Your failure to notify us of the processing error within the timeframe provided will be deemed a waiver to any rights to amounts owed to you. If a Product is incorrectly priced lower than the stated price, we will, at our discretion, contact you to of the price correction for you to accept or reject, or reject your order. We are under no obligations to provide Product to you at the incorrect lower price, even if an order confirmation or shipping confirmation had been sent to you.

If you are claiming tax exemption status, a valid resale certificate must be provided to us prior to placing your order.

 

Payment

By submitting any payment information to us, you are granting us and any processing service providers the authority to verify information to complete the transaction, including fraud prevention and payment authorization. You agree to pay all charges incurred by you, on your behalf at the price in effect when such charges are incurred. You are solely responsible for any taxes, duties, or other applicable fees to your transaction. Your credit card will be charged either when the order invoice is issued, when the Product is ready to be shipped, or before any Services are performed. We will not ship your Products or perform any Services until your credit card issuer has authorized the use of your card for payment.

If an error results in your order being overcharged, we will credit you for the difference after our payment processing vendor reviews the charges and makes a determination of an error.

If purchases or payments were fraudulently made, you agree Maruson and all of our service providers involved in processing the charges are entitled to recover funds, including all expenses incurred to recover sums due. If legal action is necessary to collect on balances, you agree authorizations or agents are authorized to recover all amounts unpaid from you, plus any additional expenses that were incurred by us for the collection, including attorney fees and other expenses.

If we suspect that you have provided payment information that is unauthorized, illegal, or criminal purpose, you give us express authorization to share personal information about you and any transaction or pending transaction with law enforcement and our payment processing vendor.

IF YOU PURCHASE PRODUCTS OR SERVICES FROM MARUSON, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD USED IN THE TRANSACTION.

 

Errors, Inaccuracies, and Omissions

We do our best to monitor and edit the Site Content to be as accurate as possible; however, we do not guarantee accuracy or completeness of information, images, pricing, graphics, software information, availability, descriptions, specifications, battery runtimes, or that the information is up-to-date, error-free, or free of omissions. Battery runtimes will always vary based on battery age, operating temperature, frequency of use, altitude, maintenance, etc. Furthermore, Maruson reserves the right to correct, modify, or update any errors, inaccuracies, omissions, promotions, content, cancel orders, limited purchases, giveaways, or promotions at any time without prior notice.

In the event of a pricing error or other error, we reserve the right to revoke offers, cancel orders, or correct errors or omissions, including after an order has been placed. Any notifications or acknowledgements of an order only means that your order request has been received, not that the price or availability of a merchandise has been confirmed. “SRP” prices are the Suggested Retail Price listed by us, which may differ from other online or retailer prices.

Any coupons, discounts, and promotion codes (collectively, “Coupons”), and shipping costs will not be returned or reissued if you return the Products purchased. Coupons may only be used once and have no cash value unless otherwise noted. We are not responsible for or will replace any lost, stolen, or expired Coupons. Coupons are not redeemable for cash, transferable, or assignable for any reason, including to your estate or any successor or assigns of yours. Maruson reserves the right to void any Coupons if they are found to be unauthorized, illegitimately obtained, fraudulent, suspected of fraud, or otherwise invalid, or if they contain any unauthorized message, code, or content not issued by Maruson, or if they are defective, produced in error, illegible, or unreadable.

All prices quoted on our Sites may differ from prices that are available through our distributors, wholesalers, retailers, and other distribution channels. The prices displayed on our Sites are displayed in US Dollars. The prices displayed by our other websites or physical locations may be in local currency if outside the US.

 

Returns & Warranty

If you are not satisfied with your purchase of a new Maruson device that you purchased on the Maruson website or online stores managed by Maruson, you have thirty (30) days from purchase date to notify us for a refund for the Product. Returned units are subject to a restocking fee of up to fifteen per cent (15%), return shipping fees, and any deductions for missing parts, accessories, or physical damages to the Product. Any damages that occur during the return shipping process is your responsibility.

See our Warranty / Returns Policyfor the terms and conditions to return a Product or claim warranty. Purchases made from a Maruson authorized dealer should be returned in accordance with the authorized dealer’s return policy. Warranty is not covered for second-hand Products, or Products purchased or received through auctions, giveaways, gray markets, samples, demo use, from unauthorized sellers, or through fraudulent means.

If your product was a Custom Product, please see the Custom Products section for additional information.

Maruson will not be responsible for any lost, damaged, misdelivered, undeliverable, delayed, or missing Product, parts, or accessories sent to us by you. It is your responsibility to securely pack the Product and retain a copy of the shipping label with the applicable tracking number signed by an agent of the carrier as proof that the possession of the returned product shipment was transferred to the carrier.

All returned Product must be in like-new condition with no physical damage, and in the original packaging. You also must include any accessories including any USB cables, CDs, manuals, and all other accessories. If anything is missing or is not in like-new condition, your return may not be accepted or we will deduct a portion of the return or the cost for us to fix and replace parts. We cannot accept returns or exchanges for closeout items, liquidation or refurbished items, cosmetically blemished items, gray market purchases, damaged items due to misuse, abuse, incorrect installation techniques or other damages caused by user error, Acts of God, or other damages, or items missing components or accessories.

You assume all risk of loss or damage to the Product while in transit to Maruson. If you return a Product to Maruson: (1) without a valid RMA number assigned from Maruson, or (2) without all parts and accessories included in the original package, Maruson retains the right to either: (1) refuse delivery of such return, (2) deduct from the refund paid to you a restocking fee equal to the higher of (i) fifteen per cent (15%) of the original price of the Product, or (ii) the retail value of the missing parts, or (3) dispose of the Product without further notice to you or any compensation for the Product, shipping fees, or any associated fees if the Product was accidentally accepted by Maruson.

Refunds will be processed within fourteen (14) days after receipt of the Product if there are no issues with the return. Refunds will be reimbursed in the original form of purchase and for the amount paid minus any shipping fees or other related fees.

We reserve the right to reject, cancel, refuse, or take other appropriate steps if we detect unusual return activity, abuse, or suspect or identify any fraudulent or suspicious activity.

Some Products have warranties that are only activated with Product registration within a set period from the invoiced date.

ALL PRODUCT WARRANTIES ARE LIMITED WARRANTIES.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND MAINTENANCE OF THE PRODUCTS AND SERVICES, AND YOUR RELIANCE THEREON.

 

Custom Products

Custom Products (“Custom Products”) are any products produced based on your specifications and/or project scope requirements provided to us that are not part of our standard US inventory stock or stock level in excess of what we typically carry. If you order Custom Products, your orders are final sale and cannot be modified, cancelled, exchanged, returned, delayed, or held at our warehouses for more than 14 days after it is made available without prior written approval prior to when the order was placed, and is not eligible for refund once you sign off on the order. Any down payments, pre-payments, engineering fees, or other fees for Custom Products are non-refundable. It is up to our discretion what to do with Custom Products if the order is not shipped out within 14 days availability without any obligation, refund, or payment to you. Any promises or changes, expressed or implied, made verbally are not valid.

 

Delivery of Products

We will deliver Products to the delivery address you specified in the order form and in accordance with the delivery option you chose. Any delivery dates provided by us or this Site are best estimates only and we will not be liable for any loss, damage, costs, or expenses for failure to deliver in accordance with the delivery or shipment dates given. If Products are out of stock, we will provide you with an estimated availability date. You may request cancellation of out-of-stock Products if you do not wish to wait. The option to cancel orders of out-of-stock Products does not apply to Custom Products.

Any freight shipping quote provided is for standard basic freight shipping only and does not include appointments, liftgate delivery, or to special sites such as government facility, unless requested by you.

 

Assumption of Risk

All purchases of Products and Services directly from us are made pursuant to a shipment contract. We are not responsible for any Product once the Product is passed to the carrier for delivery to you. If you are shipping Products to us for Service or evaluation, the risk of loss and title for the Products are not passed to us until a Maruson employee has accepted the shipment and only if shipped following our Warranty / Returns Policy.

You acknowledge and agree that no method of transmission through internet or phone is completely secure and that we make no guarantee regarding the security of our systems or the data collected.

All Products should be used strictly in accordance to their instructions, precautions, operations, and guidelines. No responsibility is assumed by Maruson for any consequences arising out of not understanding the instructions, precautions, guidelines, or due to unqualified person installing, handling, servicing, or maintaining of Product. A qualified person is one with knowledge of safety guidelines and training to avoid hazards involved with use of Product.

 

Safe Purchasing

We have a network of distributors who help make our Products available globally. These distributors work within our chain of distribution to maintain Product authenticity and provide Warranty services where available.

In addition to our distributors, we have an online store and use third party online retailers Amazon and Newegg Business under the Maruson Technology seller name. Third party sellers may be authorized sellers to sell on these same platforms or other online retail platforms while some may be unauthorized sellers. If the distributor or seller are located in the US, they will be listed on our website as authorized sellers, otherwise, you may not be buying a genuine Maruson Product or you may be purchasing from an unauthorized seller.

Unauthorized sellers may be resellers who do not have our consent to sell Maruson branded merchandise and may even be selling counterfeit Products. We do not provide warranty or Servicing for Products purchased through unauthorized sellers, even if it is a genuine Maruson Product resold through third party marketplaces as we cannot guarantee the quality, safety, or authenticity unless purchased through an authorized distributor. If you are not sure if your distributor or seller is authorized to sell Maruson products, please contact us.

 

Third-Party Content & Links to Websites

Links to or from third-party websites, software, or services will take you to or from websites that are not owned or controlled by us. We assume no responsibility or make no warranties for the content, privacy policies, terms of use, advertisements, or practices of any third-party websites. Visiting third-party websites is at your own risk and you agree to follow the policies on those websites if you do visit those sites. Any links from our Site to third-party websites or links from third-party websites to our Site does not imply an endorsement, association, partnerships, or sponsorship by us.

 

User-Generated Content

Opinions, images, artwork, graphics, suggestions, questions, comments, videos, or other content and materials that you to the Site or transmit using the Site (“User-Generated Content”) do not represent the views of Maruson or any individual associated with Maruson. We assume no responsibility and assume no liability to monitor the Site comments and third-party websites for posts that may be unlawful, defamatory, libelous, obscene, pornographic, threatening, spam, contains harmful links or viruses, or contains material that could constitute or encourage conduct that may violate the rights of others, any law, or civil liability. You are solely responsible for the User-Generated Content posted. If you post content that violates our User-Generated Content policy, we may take necessary steps to remove the content and may provide the materials and disclosure the identify of anyone posting such material to law enforcement. We assume no responsibility for any User-Generated Content.

If you make any User-Generated Content to us or on third-party sites such as social media sites regarding Maruson Products, Software, or Service features, improvements, or new product ideas, you grant Maruson the non-exclusive, perpetual, irrevocable, royalty-free, world-wide license right to use, reproduce, modify, adapt, translate, display, distribute, broadcast, create derivative works from, publish, and transfer without any notice, compensation, or other obligation to you, and will not be considered confidential.

 

Promotions

Any discount codes, coupons, promotional code, or other similar discounts (collectively “Promotion”) offered by Maruson for our online store must be redeemed from our online store. Promotion codes may not be combined with other Promotions in conjunction, used to purchase gift cards, exchanged for any cash value, sold, gifted, or be used for reimbursement after you have placed an order. We reserve the right to modify or terminate any promotion without notice at any time.

 

Affiliate Programs

Reviews by third parties as part of our Affiliate Program are expected to represent the good-faith opinions of the user. Products provided to the reviewer, if they are under such program through Maruson, are provided by us for free, at a reduced price, commission, payment, and/or incentivized by other means. We ask participants in our Affiliate Program mention their affiliation to us as part of their review for due diligence, however, the responsibility to comply with any legal obligations are placed solely on the affiliate. You recognize that you should conduct your own due diligence before purchasing any Product and not rely solely on any reviews.

 

Intellectual Property Rights

Maruson Technology and the Maruson Technology logo are property of Maruson Technology Corporation. No license to use such marks, names, or trade dress is made to you under these Terms or by your use of our Products or Services. Maruson will enforce its intellectual property rights under every remedy available afforded by law.

All other trademarks, service marks, trade names, and brand names of third parties that are not owned by us but appear on the Site, Product, Services, or Content are the property of their respective owners and reference to them do not suggest any sponsorship, endorsement, partnership, or association with us.

Unless otherwise agreed in writing, you may download, print, and store selected portions of the Sites, provided: (1) you only use these copies for your own personal, non-commercial use, (2) agree use of material does not imply sponsorship, endorsement, partnership, or association, and (3) no right or title is transferred you as a result of any such downloading. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transfer, or create derivative works from the Sites or contents without express written consent from Maruson.

All software used on the Site is the property of its software suppliers and is protected by US and international copyright laws. Permission is granted to electronically copy and to print in hard portions of the Site for the sole purpose of using with Maruson branded products. Any other use of materials, including reproduction for purposes other than permitted, modification, distribution, republishing, or transmission without prior written permission from Maruson is strictly prohibited.

Use the Contact Us page or write to us by certified mail with attention to “Digital Millennium Copyright Team” if you believe any portion of this Site infringes a copyright per the Digital Millennium Copyright Act (DMCA). We will ask for a signed statement under penalty of perjury that the information you provided is accurate and that you are the copyright owner or designated agent authorized to file the compliant under the copyright owner. If you are not the original owner of the copyright that has allegedly been infringed, please include an explanation of your relationship with the copyright owner. We will review the DMCA complaint and take appropriate actions to determine whether or not the Content should remain, if it does not violate copyright infringements, or remove the Content. You expressly waive any and all claims against Maruson directly relating to or arising from, the foregoing DMCA compliance process. Inquiries that do not follow procedure will not receive a response.

 

Website Interruptions and Updates

This Site, Software, and Service periodically schedules system downtime for maintenance, upgrades, and other reasons. Unplanned systems outages, limitations, delays, and other problems may also occur for whatever reasons within and outside our control. We are not responsible or liable for unavailability, delays, disruptions, inaccessibility, mis-delivery, or non-delivery of data, information, Software, or materials of this Site or Service, or of third parties, including without limitation any companies or servers hosting our Site or external websites, any network service providers, or disruptions outside our control.

 

Security & Fraud

Maruson emails only come from [@]marusonusa.com. The only Sites we manage are www.marusonusa.com and https://maruson-store.square.site/. If you purchased Products from our online store, you will see shipment updates and payment information from our third-party shopping cart provider, Weebly [@]weebly.com or Square [@]squareup.com. Please contact us if you are not sure if the information you received is fraudulent or believe we should be aware of activities that may harm others.

 

Warranty Disclaimers

Website: THE CONTENT, MATERIALS, DATA, SOFTWARE, AND INFORMATION CONTAINED IN THIS WEBSITE ARE BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES, OMISSIONS, OR TYPOGRAPHICAL ERRORS. MARUSON SITES ARE PROVIDED ONLY ON AN "AS IS" AND “AS AVAILABLE” BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CONDITION, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MARUSON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, CORRECTED, OR THAT THE SERVERS THAT MAKES THIS SITE AVAILABLE ARE FREE OF MALWARE, VIRUSES, OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS, WILL BE WITHOUT INTERRUPTION, DEFECT, DELETION, DELAY IN OPERATION OR TRANSMISSION, OR FREE FROM UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MARUSON IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

 

Product, Software, Service: TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARUSON DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR PARTICULAR PURPOSE: EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IS MADE AS TO THE PRODUCTS, SOFTWARE, AND SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MARUSON AND/OR ITS AFFILIATES EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY STATUTORY WARRANTIES, AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MARUSON, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND ASSIGNS BE LIABLE FOR INCIDENTAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR MULTIPLE DAMAGES SUCH AS, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS OR PROFITS, PERSONAL INJURY, LOSS OF ABILITY TO USE THIRD-PARTY PRODUCTS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR LOSS OF DATA ARISING OUT OF THE SALE, USE, OR INABILITY TO USE OF ANY MARUSON PRODUCT, SOFTWARE, OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL MARUSON, OR ANY AFFILIATES INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING MARUSON SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MARUSON SOFTWARE OR SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MARUSON, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE PRICE YOU PAID FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILURES OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF MARUSON IN RELATION TO DEATH OR BODILY INJURIES. THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN CONNECTION WITH ANY NUCLEAR, MEDICAL, LIFE-SUPPORT, AND RELATED APPLICATIONS. FURTHERMORE, THERE WILL BE NO REFUNDS, EXCHANGES, OR CANCELLATIONS FOR ANY REASON FOR CUSTOM PRODUCTS.

 

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL MARUSON OR ITS EMPLOYEES, DIRECTORS, AFFILIATES, OFFICERS, ASSOCIATES, DEALERS, AGENTS, OR SUPPLIERS OR DISTRIBUTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, HOSTING, OR TRANSMISSION OF THIS SITE, PRODUCTS, SOFTWARE, OR SERVICE BE LIABLE FOR ANY LOSS OR INJURY, OR DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHERWISE FOR USE OF THIS SITE, PRODUCT, SERVICES, OR SOFTWARE SUCH AS, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE, LOSS OF REVENUE OR OTHER FINANCIAL LOSS, LOSS OF ABILITY TO USE THIRD-PARTY PRODUCTS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR LOSS OF DATA ARISING OUT OF THE SALE, USE, OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MARUSON IS NOT LIABLE FOR ANY DEFAMATORY, ANTI-COMPETITIVE, OFFENSE, OR ILLEGAL CONDUCT OF ANY USER. THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THEIR TERMS AND CONDITIONS OF SALE AND ONLY DURING THE PERIOD FOR WHICH THE PRODUCTS WERE WARRANTED FOR. IF YOU ARE DISSATISFIED WITH ANY MARUSON PRODUCT OR SITE CONTENTS, OR WITH ANY OF MARUSON’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT AND SITE. IN NO EVENT SHALL MARUSON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).

 

Indemnification

To the fullest extent permitted by applicable law, you agree, at your sole cost and expense to defend, indemnify, and hold harmless Maruson, our employees, officers, directors, partners, contractors, representatives, agents, and third-party providers from and against any and all claims, costs, proceedings, demands, losses, damages, causes of action, suits, proceedings, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms or applicable laws. We reserve the right in our sole discretion and at our own expense, to assume the exclusive defense and control in any such claims for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.

 

Force Majeure

We will not be held liable or responsible in the event we are unable to fulfill orders or provide Service in full or on time due to unforeseeable circumstances (“Force Majeure”). Force Majeure includes events or circumstances including acts of God, riots, war, labor disputes, strikes, floods, fires, civil unrest, accident, terrorist act, epidemic, acts of governmental authorities, breakdown of telecommunication facilities, disruption in supply chain, breakdown of internet service provider, government acts or omissions, changes in laws or regulation, currency fluctuation, economic exposure, transportation issues, or other extent beyond our control.

 

Agreement to Binding Individual Arbitration and Class Action Waiver

You and Maruson both agree to resolve any disputes, controversy, or claims arising out of or relating to these Terms, purchase of Product, use of Service, or use of Site concerning the breach, termination, enforcement, interpretation, or validity, including the determination of the scope or applicability of this agreement outside of formal action first. If an agreement cannot be reached by outside formal action, then mediation is the next step before binding arbitration.

Before taking any formal action, you agree to contact us via certified mail and provide us with a written description of the dispute and your contact information. If a dispute arises under this Agreement and cannot be resolved without resorting to formal action, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Los Angeles County, California. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If the dispute is not resolved through mediation or you did not attempt to resolve the matter through mediation first, then you shall not be entitled to recover any attorney’s fees, even if you would otherwise be entitled to them.

You and Maruson both agree binding individual arbitration will be conducted by the American Arbitration Association (AAA). The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively “AAA Rules”). These Terms shall be governed by the State of California, excluding its conflict of law rules. For any action where the arbitration agreement permits, the parties shall litigate in court in competent jurisdiction located in Los Angeles County, California, USA, unless you and Maruson otherwise agree in writing. If the arbitration involves individuals outside the USA, then it will be settled by binding individual arbitration by the International Centre for Dispute Resolution (ICDR), the international division of the AAA.

You, your heirs, and any representatives agree not to initiate any legal action or proceedings against Maruson, including their employees, officers, agents, directors, successors, distributors, and their affiliates, in any other forum or location. You and Maruson agree that each may claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, representative, or multi-claimant proceeding.

Both you and Maruson agree that any dispute or claim arising out of these terms, your use of the Site, any interaction with us, or any purchase, return, warranty, or other interaction with Maruson, shall be resolved through binding arbitration, rather than in court. You and Maruson agree not to seek any attorneys’ fees or costs in arbitration unless the arbitrator determines the claim is frivolous or was brought in bad faith or for an improper purpose. If the arbitrator determines your complaint or relief sought is frivolous, you agree you will be responsible for all filing and administrative costs, and arbitrator fees.

IN ARBITRATION, YOU AND MARUSON AGREE TO EACH WAIVE ANY RIGHT TO A JURY TRIAL. MEANING THAT NEITHER YOU NOR MARUSON WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM. BOTH PARTIES HEREBY AGREE TO PROCEED IN ARBITRATION AND WAIVE ALL RIGHTS TO A JURY TRIAL OR OTHER TRIAL IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARUSON SHALL NOT BE ENTITLED TO CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN PRIVATE ATTORNEY GENERAL CAPACITY. ANY AND ALL SUCH RIGHTS IN CONNECTION WITH ANY DISPUTE ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.

If for any reason a claim may proceed in court rather than in arbitration, you and Maruson each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by an arbitrator, not a jury.

This agreement to arbitrate shall survive the termination of the relationship between you and Maruson, including the bankruptcy of any party or any transfer in or change of control of Maruson. If any terms or parts of this agreement to arbitrate are deemed invalid or unenforceable under applicable law, the other terms or parts of this agreement to arbitrate shall remain in full force and effect, except that you and Maruson agree that there will never be any arbitration of any claims on a class, consolidated, collective, or representative basis.

 

Translations of Our Privacy Policy

This Policy was originally written in English. If there are any conflicts or inconsistencies between translated versions of this Policy, the English version will prevail.

 

Modification to Terms

We reserve the right, at our sole discretion, to modify, update, delete, or replace any parts of our Terms at any time. Your continued use of the Sites or Services, constitutes your acceptance of the subsequent revisions.

 

Termination

We reserve the right, in our sole discretion, to terminate these Terms or Site at any time for any reason and without notice. You will continue to be liable for any orders, charges, or invoices you incurred prior to termination.

We may change, suspend, or discontinue all or any aspect of any Maruson Site, Product, Software, or Service at any time without prior notice.

 

Information You Submit

You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Site or other sites we are active on, then you do so at your own risk.

 

Policy Translation

If these Terms or any portion of the Site are translated to another language, the English version shall always prevail in discrepancies.

 

Additional Terms and Conditions

Other Terms of Use are posted on the Site, which governs your use of the Site, how you interact with us, and other important policies including a mandatory arbitration clause.

 

 

Last Update: July 12, 2022