Terms and Conditions
LFSMarineOutdoor.com Website is owned and operated by LFS Inc., herein referred to as LFS. Any and all rights reserved for LFS, LFSMarineOutdoor.com web site are also hereby transferred to LFS throughout this and all other documents of the LFSMarineOutdoor.com Website.
Welcome to LFSMarineOutdoor.com! By using LFSMarineOutdoor.com's Website, whether You are shopping or just browsing, You agree to the following Terms and Conditions. Please read them carefully. If You do not accept Terms and Conditions stated here, DO NOT USE LFSMarineOutdoor.com's web site. LFS may revise these Terms and Conditions at anytime by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on You.
The Website, LFSMarineOutdoor.com ("Website") is owned and operated by LFS . Unless otherwise specified, all materials ("Materials") on this site including site design, logos, icons, text, graphics, images and the assembly and arrangement thereof, are the sole property of LFS , Copyright © 2000-2018, ALL RIGHTS RESERVED, and are protected by copyright both nationally and internationally. The software used on the site is the sole property of LFSMarineOutdoor.com. Unauthorized use of these Materials may violate copyright, trademark, and other laws. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. The use of these Materials on any other website or in a network computer environment for any purpose is strictly prohibited.
By violating any of these terms and conditions, Your permission to use this Website automatically terminates.
The Materials may contain inaccuracies or typographical errors. Due to varying screen settings and monitors, LFSMarineOutdoor.com does not guarantee that Your monitor will depict the exact shade of color of the merchandise You receive. LFSMarineOutdoor.com makes no representations about the accuracy, reliability, completeness or timeliness of the Materials and/or products offered for sale on the Website.The use of the Website and the Materials is at Your own risk. Changes will be made periodically to the Website. LFS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICE OR REPLACING EQUIPMENT OR DATA, LFSMarineOutdoor.com IS NOT RESPONSIBLE FOR THESE COSTS.
LFS DOES NOT OFFER ANY WARRANTIES OF ITS OWN AND PROVIDES THE WEBSITE AND ITS CONTENTS (INCLUDING PRODUCTS) ON AN "AS IS" BASIS. LFSMarineOutdoor.com MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS AND/OR PRODUCTS OFFERED FOR SALE ON THE WEBSITE. LFSMarineOutdoor.com REPUDIATES ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. LFSMarineOutdoor.com PRESENTS PRODUCT SPECIFICATIONS AS RECEIVED FROM MANUFACTURERS AND/OR DISTRIBUTORS. LFS DOES NOT WARRANT EITHER EXPRESSLY OR IMPLIED, THAT THIS INFORMATION IS CORRECT OR RELIABLE. LFSMarineOutdoor.com OFFERS ITS "EXPLODED VIEWS" OF PRODUCTS AND ASSEMBLIES, ON AN INFORMATIONAL BASIS ONLY FOR IDENTIFYING SPARE PARTS TO FACILITATE ORDERING. LFSMarineOutdoor.com DOES NOT WARRANT EXPLODED VIEWS AS BEING CORRECT FOR INSTALLATION, MAINTENANCE, DISASSEMBLY OR ASSEMBLY PURPOSES. LFSMarineOutdoor.com DOES NOT ASSIST THE CUSTOMER IN PROCESSING MANUFACTURERS' WARRANTIES.
LFS does not warrant products for any particular purpose or fitness of use. If an item becomes defective while under the manufacturer's warranty, please review the manufacturer's warranty and contact the manufacturer directly.
LFSMarineOutdoor.com's policy is one of on-going product update and revision. LFSMarineOutdoor.com may at anytime discontinue, update, add or revise product offerings, including pricing and availability. LFSMarineOutdoor.com PRESENTS PRODUCT SPECIFICATIONS AS RECEIVED FROM MANUFACTURERS AND/OR DISTRIBUTORS. LFSMarineOutdoor.com DOES NOT WARRANT THAT THIS INFORMATION IS CORRECT OR RELIABLE.
Disclaimer: We have made an effort to provide images that closely represent product colors. However, due to all the possible variants - light source, monitor quality, etc. - we cannot guarantee that the images on the LFS web site accurately represent the true colors. Please take this into consideration if you are attempting to color match materials.
Disclaimer of Consequential Damages
IN NO EVENT SHALL LFS , ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LFSMarineOutdoor.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Generally any communication (including without limitation, e-mail, telephone, fax, or written mail), which is sent to LFSMarineOutdoor.com, is considered to be non-confidential. By communicating with LFSMarineOutdoor.com You automatically grant LFSMarineOutdoor.com a royalty-free, perpetual non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display, the communication alone or as a part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
The Website contains links to third party web sites. LFS provides these links to third party web sites, solely as a convenience to You and not as an endorsement. LFS is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If You decide to access linked third party web sites, You do so at Your own risk.
If you do post content or submit material, and unless we indicate otherwise, you grant LFS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LFSMarineOutdoor.com the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LFSMarineOutdoor.com for all claims resulting from content you supply. LFSMarineOutdoor.com has the right but not the obligation to monitor and edit or remove any activity or content. LFSMarineOutdoor.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Conditions of Sale
You acknowledge that You have read, understood, and do accept LFS 's Terms and Conditions of Sale by purchasing from the LFSMarineOutdoor.com web site.
The Customer agrees that orders submitted to LFS via the Internet, whether through the Website, phone, fax or e-mail, constitute the signed writing of the Customer, fully effective and enforceable for all purposes, including but not limited to satisfaction of requirements of the Statute of Frauds.
The Customer's receipt of any form of order confirmation does not signify LFS 's acceptance of the Customer's order, nor does it constitute confirmation of our offer to sell. We may require additional customer information before accepting any order. LFSMarineOutdoor.com reserves the right at any time after receipt of the Customer's order to accept or decline an order for any reason. LFSMarineOutdoor.com reserves the right at any time after receipt of an order, without prior notice to the Customer, to supply less than the quantity ordered of any item. If the Customer fails to make payment on an order, LFS retains the right to resell the products ordered.
Shipping charges may change depending upon available shipping methods and other circumstances. In such cases, you will be contacted for your prior approval before shipment occurs.
Discount Coupon Application and Usage
LFS only allows the usage of one discount coupon per transaction. Coupon doubling, the practice of applying multiple coupons to a single order, is not allowed. Additionally, for purposes of determining applicability of our free shipping program, the free shipping threshold is the total product value AFTER reducing the product price by the coupon used. LFS does not accept manufacturers’ coupons to reduce the price of the products we sell. It is the customer’s responsibility to determine which coupon is used. Once used, coupon redemption cannot be reversed. Individual coupon codes may only be used once per household, regardless of email address used on the order. Coupons are non-transferrable and valid only for the original recipient of the coupon. Online orders deemed in violation of this policy will be canceled.
Gift Certificates are non-refundable, non-exchangable and have no cash value. Any purchase less than the value of a gift certificate causes the unused balance to be placed in the account of the gift certificate recipient for use in a future transaction. Gift Certificates are applicable to products only and do not cover shipping fees, taxes, hazardous or other fees or charges.
Customer Service and Support
LFS offers a toll free number and e-mail for Customer Service. LFS 's Customer Service Representatives are available to assist You with questions and concerns. However, it is understood that they may not be able to answer every question or solve every problem.
Limitations of Liability
You agree that for any purchase of products, LFS is not liable or responsible for any amount of damages above the aggregate dollar amount paid by You for the purchase of the products under LFSMarineOutdoor.com's Terms and Conditions of Sale. All other claims arising from the use of the Materials on the Website are null and void.
You, as a user, hereby forever release, waive, and discharge LFSMarineOutdoor.com from any and all claims, actions, causes of action, suits, debts, charges, complaints, liabilities, right to receive payment, promises, agreements, controversies, damages, and expenses (including attorneys' fees and other professional costs) of any nature whatsoever, whether in law or in equity, whether based in tort, contract, statute, ordinance, rule, regulation, or any other theory of law whatsoever, and whether known or unknown, contingent or liquidated, which it may have or that have been asserted or could be asserted which relate to, arise out of, or are in any way connected to the use of the Website.
The United States controls the export of products and information. You agree to comply with such restrictions and not export or re-export the Materials to countries or persons prohibited under the export control laws. By using the Website You are agreeing that You are not in a country where such export is prohibited or a person or entity to which such export is prohibited. You are responsible for compliance with the laws of Your local jurisdiction regarding import, export and re-export of products and information.
Except for the right of either party (LFS Inc. or the User) to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, the parties shall submit any dispute arising out of these Terms and Conditions of Sale to binding arbitration by a single arbitrator under the auspices of Judicial Dispute Resolution, Inc. ("JDR"), as follows. All hearings and proceedings held and all actions taken by the arbitrator shall take place in Bellingham, Washington. The fees and expenses of the arbitration shall be equally borne by the parties. The parties shall select a mutually acceptable arbitrator within ten (10) days of the date a written demand for arbitration is received by either party from the other. If the parties are unable to reach agreement on a mutually acceptable arbitrator within that ten (10) day period then: (I) the parties will request JDR to provide a panel of five (5) potential arbitrators, (II) each party will have the right to strike two (2) arbitrators from that panel, and (III) the remaining arbitrator will arbitrate the dispute. The decision shall be final and binding on all parties. Provided however, that prior to any arbitration, both parties agree to meet with a mediator, jointly selected by the parties, for at least four (4) hours, to attempt a resolution of their dispute. The cost of the mediator shall be shared equally.
LFS makes no claim that its products or materials are appropriate for use outside of the United States. If You access the Website from outside the United States, you do so at Your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal laws of the State of Washington, without regard to conflicts of law or choice of law principles. If any provision of this Agreement is found by a court with competent jurisdiction to be invalid, the invalidity of such a provision shall not affect the validity of the remaining provisions of this Agreement. This Agreement constitutes the entire Agreement between You and LFS with respect to the use of the Website. Any changes to this Agreement must be made in writing, and signed by an authorized representative of LFS .
The Terms of Sale for LFSMarineOutdoor.com may not be altered, supplemented or amended by the use of any other document. All documents and transactions that are subject to additional or altered terms are considered null, unless otherwise agreed upon in writing by the Customer and LFSMarineOutdoor.com, prior to any purchase.
These Terms of Sale and LFSMarineOutdoor.com shall be governed by the internal laws of the State of Washington, without regard to conflicts of law or choice of law principles. If any provision of this Agreement is found by a court with competent jurisdiction to be invalid, the invalidity of such a provision shall not affect the validity of the remaining provisions of this Agreement.
Terms of payment are within LFSMarineOutdoor.com's discretion and unless otherwise agreed by LFSMarineOutdoor.com, payments for products will be made by MasterCard, VISA, Discover Card, American Express credit cards and PayPal or as listed in the payment selection drop down box on the checkout page. LFSMarineOutdoor.com must receive credit authorization acceptable to LFSMarineOutdoor.com or full payment of its pro forma quotation prior to LFSMarineOutdoor.com's acceptance of an order. If for any reason Customer fails to make full payment on an order, LFSMarineOutdoor.com retains the right to resell the products ordered. International orders require full payment in advance of shipment and LFSMarineOutdoor.com at its sole discretion may require payment to be by wire transfer.
Shipping and Handling Fees
Separate charges for shipping and handling will be shown on LFSMarineOutdoor.com's invoices and receipts of sale. Hazardous material handling fees are itemized separately.
Washington State Law requires that LFSMarineOutdoor.com collect sales tax on the full amount of the order including shipping and handling, and hazardous fees, on all orders shipped to and within Washington State. The Customer is responsible for all other taxes associated with the order.
The United States controls the export of products and information. The Customer agrees to comply with such restrictions and not export or re-export products purchased from LFSMarineOutdoor.com to countries or persons prohibited under the export control laws. By using this Website, the Customer agrees that the Customer is not in a country where such export is prohibited or a person or entity to which such export is prohibited. The Customer is responsible for compliance with the laws of the Customer's local jurisdiction regarding import, export and re-export of products and information.
All shipments are F.O.B Shipping Origin regardless of the shipping origin or method of shipping. Title to products passes from LFSMarineOutdoor.com to the Customer upon release of goods to shipping carrier, F.O.B shipping origin. When fulfillment of an order is divided, i.e. between warehouses, carriers or for other reasons, the title of each product is transferred upon shipping origin of each individual product.
The Customer agrees to defend, indemnify and hold harmless LFSMarineOutdoor.com, its parent company, other financially related companies, its officers, directors, employees and agents from and against any claims, actions or demands including without limitation reasonable legal and accounting fees, alleging or resulting from the Customer's use of this Website or purchasing products or the Customer's breach of the terms of this Agreement. LFSMarineOutdoor.com shall provide notice to the Customer promptly of any such claim, suit or proceeding and shall assist the Customer, at the Customer's expense, in defending any such claim, suit or proceeding.
LFSMarineOutdoor.com shall not be liable for delays or failures in performance resulting from strikes, riots, wars (declared or undeclared), government regulations, acts of nature, earthquakes, unusually severe weather, fire, flood, material shortages or other similar or dissimilar causes beyond LFSMarineOutdoor.com's reasonable control.