Website Terms, Conditions and Notices
By placing this order I agree that all items I have ordered are legal for me to possess at the delivery location and that I am the ultimate end-user of the equipment.I also confirm that I will not export any restricted items without doing so in compliance with all applicable United States laws and regulations governing the export of products from the United States. I also understand that all returns must be unused and still in the package, and returned within 14 days from the shipping date. I also agree that all returns will be inspected prior to refund and adjusted if product has been used and it is determined that it can be returned there will be a 20% restocking fee after the 14-day period. I also hereby reaffirm my agreement to be bound by all of the Terms set forth on the Mark 7 Website. I also understand that many shipping companies charge an address correction fee for incorrect/incomplete addresses that I agree to pay if assessed due to my error. I also agree to have the return shipping charges assessed to my order if I do not take delivery of my supplied address package. Please understand that some items may have a lead-time depending on the stock of Inventory. Please be advised that international orders do not include additional shipping charges as well as Duties and various Taxes.
Access to the Website is offered to you conditioned upon your acceptance of the Terms without modification. By accessing or using the Website in any manner, you agree to be bound by the Terms and represent that you have read and understood the Terms. If you do not accept all of the terms unconditionally, you should not access and use the Website. We may change or otherwise modify the Terms in the future, and you understand and agree that your continued access or use of the Website after such change signifies your acceptance of the updated or modified Terms. You acknowledge your responsibility to review the Terms from time to time and to be aware of any such changes. Mark 7 reserves the right to terminate access to the Website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers generally.
In addition, in order to purchase any products or services through the Website, you will be required to agree unconditionally to the terms and conditions set forth in the accompanying Accident Waiver and Release of Liability and Order Terms forms.
USE OF THE WEBSITE
You assert that you have the legal ability to assent to these Terms and enter into any resulting contracts for purchase of Mark 7 products. You also agree that you will pay for all goods or services ordered, as denoted elsewhere within the Website. By accessing or utilizing the Website, you certify that you are 18 years of age or older. You further certify that you have the legal ability to enter into a legally binding and enforceable agreement, whether as a natural person or, if acting on behalf of a business entity, that you have the legal authority to bind the business entity that you are acting on behalf of. You understand that any person who does not have the authority to enter into a legally binding transaction conducted on this site on behalf of another legal entity will be held individually and personally liable for all resulting transactions conducted by you on behalf of the legal entity. If you do not have the legal authority to enter into this binding agreement, please exit the Website now. Otherwise, you are representing that you do have such authority by proceeding further.
You hereby acknowledge that you are entering the Website for the intent of possibly purchasing products or services offered herein and furthermore agree to pay for all products or services ordered through the Website by you. To conduct certain transactions on the Website, you must have an account with Mark 7. You may use the Website for obtaining information regarding your account and making payments.
As a condition of your use of the Website, you warrant that if you have a Mark 7 account, safeguarding your account information is solely your responsibility and you further warrant that you will supervise the use of your account. You are solely responsible for any authorized or unauthorized use of your account whether by you or any other individual. You agree not to disclose your password to the Website or any otherwise confidential data to others and understand and agree that if a third party utilizes such information to access the Website, you will be fully liable for such use as a result of the disclosure of information. You should promptly notify Mark 7 of any unauthorized use of your registration information or other breach of security.
SECURITY / PROHIBITED ACTIVITIES
You are prohibited from violating or attempting to violate the security of the Website and from using the Website to violate the security of other websites by any method, including, without limitation: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user of the Website, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any Mark 7 packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
In addition, you shall not: (i) use the Website or its contents for any commercial purpose; (ii) access, monitor or copy any content or information on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (iv) take any action that imposes or may in our sole judgment impose an unreasonable or disproportionately large load on our infrastructure; or (v) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Mark 7 in connection with the Website or the services.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEBSITE OR SERVICES OR OTHER MATERIALS AVAILABLE HEREIN. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT, WHILE MARK 7 WILL IMPLEMENT COMMERCIALLY REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, MARK 7 DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS MARK 7’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED IN THE WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE WEBSITE.
BEFORE AND AS A CONDITION TO PURCHASING ANY PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU WILL BE REQUIRED TO AGREE UNCONDITIONALLY TO THE Accident Waiver and Release of Liability AND ORDER TERMS INCLUDED HEREIN.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND ALL INFORMATION HEREIN AND ALL PRODUCTS AND SERVICES OFFERED HEREBY ARE PROVIDED AND OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. MARK 7 DOES NOT WARRANT THAT THE WEBSITE OR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED OR THAT ANY DEFECTS ARE CORRECTABLE. MARK 7 DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE USE OF THE WEBSITE, PRODUCTS AND SERVICES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE WITH QUIET ENJOYMENT, ACCURACY OF THE DATA AND NON-INFRINGEMENT. THE DATA AND INFORMATION PROVIDED BY OR THROUGH THE WEBSITE OR SERVICES IS INFORMATIONAL ONLY AND MARK 7 DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION, DATA OR CONTENT IS ACCURATE, TIMELY, COMPLETE OR APPROPRIATE. MARK 7 DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
IN NO EVENT WILL MARK 7 OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES OR LICENSORS (collectively, the “MARK 7 AFFILIATES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY CONTENT HEREIN OR THEREWITH, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER OR NOT MARK 7 IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
MARK 7 DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICE, DOCUMENT, SOFTWARE OR PROCESS DESCRIBED WITHIN OR DERIVED FROM THE WEBSITE. YOU SHOULD ONLY USE THIS INFORMATION AS GUIDANCE. THIS DISCLAIMER, IN ADDITION TO THE WARRANTY LIMITATIONS CONTAINED HEREIN, MEANS THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND ANY INFORMATION OBTAINED FROM THE WEBSITE.
COMPLIANCE WITH LAW / INDEMNIFICATION
Unless otherwise specified, the materials on the Website are presented solely to provide information about Mark 7 products. The Website is controlled by Mark 7 from its offices in Fort Myers, Florida in the United States of America. Mark 7 makes no representation that materials on the Website are appropriate or available for use outside of the United States. Those who choose to access the Website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
You understand that exports and re-exports of Mark 7 products and any related software, technical data, service, or technical assistance (individually, an “Item” and, collectively, the “Items”) are subject to U.S. and foreign export, import, customs and economic sanctions laws, regulations, rules and orders (collectively, “Trade Control Laws”). You are responsible for compliance with the Trade Control Laws. You shall not export, re-export, import or otherwise transfer or provide any Item, or any product incorporating the Item, in contravention of any Trade Control Law or any end-user certificate provided by you, including to Iran, Syria, Sudan, North Korea or Cuba or to any other embargoed or sanctioned country, to anyone listed on any prohibited persons list published by the U.S., or for a prohibited end-use (such as weapons proliferation). You shall only use the Items for non-military, peaceful purposes, unless otherwise specifically agreed to in writing by Mark 7. In addition to any other remedy it may have, Mark 7 may suspend and/or cancel the export, delivery, installation, and/or any maintenance or repair service of any Item if (a) Mark 7 has not received all export-related documentation requested by Mark 7, including end-user certificates, (b) Mark 7 has not received the governmental approvals that Mark 7 deems to be required, or (c) Mark 7 believes that such activity may violate any Trade Control Laws or Mark 7’s own compliance policies. Buyer must notify Mark 7 before providing any technical data to Mark 7 that is controlled under any Trade Control Law. Mark 7 will not be liable to Buyer for any loss or expense if Buyer fails to comply with any Trade Control Law or with the provisions set forth herein. Buyer shall indemnify Mark 7 for all losses, costs, claims, damages and expenses (including attorney fees and expenses) arising from your violation or alleged violation of any Trade Control Law or of the provisions set forth herein.”
You agree and represent that you are not accessing and using the Website, or any products or services offered herein for any illegal, fraudulent or otherwise legally improper activity. You specifically agree that you are truthful in any and all information that you disclose on the Website. You also represent and warrant to Mark 7 that any method of payment offered for goods or services is not fraudulent or illegal. Some products available for purchase on the Website may not be lawfully shipped to or possessed in some jurisdictions. You are responsible for compliance with all international, federal, state and local laws, regulations and ordnances. You agree that you will not, directly or indirectly, use the Website, the Website materials, products or services in violation of any applicable laws.
You agree to defend and indemnify and hold harmless the Mark 7 Affiliates from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of these Terms or the documents referenced herein;
(ii) your violation of any law, regulation or ordinance of any jurisdiction;
(iii) your violation of the rights of a third party; or
(iv) your use of the Website.
SOFTWARE AVAILABLE ON THE WEBSITE
Any software that is made available to download from the Website ("Software") is the copyrighted work of Mark 7, the Mark 7 Affiliates, or if so indicated, another third party. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (the "License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on the Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on the Website, is owned by Mark 7 and/or Mark 7 Affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
Except as otherwise identified, the trademarks, names, logos, slogans and service marks appearing the Website, whether registered or unregistered, are the property of Mark 7. Such marks are not to be copied, reproduced, published or in any way used without the written permission of Mark 7 or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of the Website including but not limited to text, artwork and photographs, is owned by Mark 7. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Mark 7 and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mark 7. Photographs showing use of third-party products are for illustration purposes only, and unless otherwise stated, do not represent an endorsement, sponsorship, connection or affiliation with the third-party manufacturer. No part of the Website may be published, stored or transmitted in any form or means without the express written permission of Mark 7. You may download a single copy of the content displayed on the Website solely for your non-commercial, personal use, provided that such single copy must reflect all copyright and other proprietary notices contained in the content. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website.
You acknowledge that Mark 7 is the sole and exclusive owner or licensee of all right, title and interest in and to the Intellectual Property (as defined below) associated with the Website. Except only for the specific limited rights expressly granted hereunder, you hereby acknowledge that you will acquire no rights, express or implied, in respect of any of Mark 7’s Intellectual Property, and that all such rights are, and will remain, vested solely in Mark 7. Under no circumstances shall these Terms be construed, by implication, estoppel or otherwise, to confer upon you any right that is not explicitly set forth herein. You acknowledge and agree that: (i) no configuration or deployment of the Website shall affect or diminish Mark 7’s rights, title, and interest in and to the Website; and (ii) if you suggest any new features, functionality or performance for the Website or other of Mark 7’s Software and products that Mark 7 subsequently incorporates in the Website, Software or otherwise, you hereby grant Mark 7 a worldwide, non-exclusive, royalty-free, perpetual right and license to use and incorporate such suggestions into the Website or Software or otherwise make use of and distribute such suggestions. You acknowledge that the Website, software or system incorporating such new features, functionality, or performance shall be the sole and exclusive property of Mark 7 and all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon Mark 7. For the purposes of this paragraph “Intellectual Property” means any and all intangible, proprietary or other intellectual property now or hereafter existing in any jurisdiction or territory (including, but not limited to, the subject matter of patents, trademarks, copyright, trade secrets, any counterparts thereto and any applications therefore; as well as messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, website infrastructure or other material) and any right, title and interest arising from or subsisting in any of the foregoing.
If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at firstname.lastname@example.org
The Website may contain links to third party websites not under the control of Mark 7. These links are provided solely as a convenience to you and not as an endorsement by Mark 7 of the contents on such third-party websites. Mark 7 is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in websites that may be accessible via a hyperlink to or from the Website or for the hyperlink itself. If you decide to access linked third-party sites, you do so at you own risk. Mark 7 does not endorse any of the products/services, nor has Mark 7 taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Mark 7 does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against Mark 7 with respect to such sites. Mark 7 strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
JURISDICTION AND GOVERNING LAW
The Website is operated by a United States entity and these Terms are governed by the laws of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Florida, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims you may have against Mark 7 or the Mark 7 Affiliates arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in Florida. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Mark 7 and/or the Mark 7 Affiliates as a result of these Terms.
These Terms are subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, which shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.
These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between you and Mark 7 with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mark 7 with respect to the Website. Failure by Mark 7 to enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms shall be binding on you and inure to the benefit of Mark 7 and the Mark 7 Affiliates, and its and their successors and assigns.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on the Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
If you have any questions regarding the Website or its contents, or these Terms, contact Mark 7 at:
Mark 7 Reloading LLC
11750-A Metro Pkwy
Fort Myers, FL 33966
©2017 Mark 7 Reloading LLC. All rights reserved.
Last updated: December 2017