Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyrights

The entire content included in this site, including but not limited to text, graphics, or code, is copyrighted as a collective work under the United States and other copyright laws and is the property of Marine Ceramics, LLC. The collective work includes works that are licensed to Marine Ceramics, LLC. Copyright 2024, Marine Ceramics, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Marine Ceramics, LLC or purchasing Marine Ceramics, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use or to place an order with Marine Ceramics, LLC or to purchase Marine Ceramics, LLC products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Marine Ceramics, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks, and trade names of Marine Ceramics, LLC used on the site are trademarks or registered trademarks of Marine Ceramics, LLC.

Warranty Disclaimer

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARINE CERAMICS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MARINE CERAMICS, LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARINE CERAMICS, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Surface and Product Warranties

Marine Ceramics, LLC offers product and surface warranties. These warranties are subject to the following terms and conditions:

1. Coverage: Our warranties cover defects in materials and workmanship under normal use and maintenance. Details of coverage for specific products and applications are outlined in our warranty guide available on our website.

2. Limitations: Warranties do not cover damages resulting from misuse, product application, improper installation, neglect, accidents, or unauthorized repairs or modifications.

3. Claims: To make a warranty claim, customers must follow the procedures specified in the warranty documentation, including providing proof of purchase and adhering to any registration requirements.

4. Disclaimers: Marine Ceramics, LLC reserves the right to modify or terminate warranty coverage at any time, with or without notice. The warranty is subject to compliance with all terms, conditions, and requirements outlined in the warranty documentation and any additional instructions provided by Marine Ceramics, LLC.

For detailed warranty terms and conditions, please refer to our Warranty Guide available at www.marineceramics.com/pages/15-year-warranty

Limitation of Liability

MARINE CERAMICS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF MARINE CERAMICS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR INFORMATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Installation and Application Services

Installation Services Provided by Third-Party Installers: Marine Ceramics, LLC facilitates the arrangement of installation services through authorized marine detailers ("Installers") for the application of ceramic coating products purchased by the Customer. By accepting our quote and proceeding with the purchase, you acknowledge and agree to the following:

• The Installers are independent contractors and not employees, agents, or representatives of Marine Ceramics, LLC.
• Marine Ceramics, LLC does not directly perform the application of ceramic coating products and assumes no responsibility for the actions, conduct, or performance of the Installers.
• The Customer acknowledges that Marine Ceramics, LLC is not liable for any damages, losses, or claims arising from the application process performed by the Installer.
• The Customer agrees to hold Marine Ceramics, LLC harmless from any claims, damages, or liabilities resulting from the Installer’s actions, omissions, or negligence.
• The Customer assumes all responsibility for anyone applying these coatings to their boat and acknowledges the risks associated with the application of ceramic coatings.

Customer Responsibility and Liability Disclaimer

Application of Products

1. Customer Responsibility:

• The Customer is solely responsible for the proper application of Marine Ceramics, LLC products. This includes adhering to all instructions, guidelines, and recommendations provided by Marine Ceramics, LLC, both in written form and through any other communication channels.
• The Customer must ensure that any person applying the products has the necessary skills, experience, and understanding of the application process.

2. No Warranty on Application:

• Marine Ceramics, LLC provides no warranty, either express or implied, on the application process of its products. The performance and results of the product are dependent on the correct application as per the guidelines provided by Marine Ceramics, LLC.

3. Third-Party Application Services:

• If the Customer engages a third-party to apply Marine Ceramics, LLC products, Marine Ceramics, LLC shall not be held responsible for the actions, omissions, or performance of the third-party service provider.
• Any issues arising from the application process conducted by a third-party are solely between the Customer and the third-party service provider.

4. Limitation of Liability:

• Marine Ceramics, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, loss of profits, revenue, data, or use, incurred by the Customer or any third party, whether in an action in contract or tort, arising from the application of the products.
• The Customer agrees to indemnify, defend, and hold harmless Marine Ceramics, LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the application of the products.

5. Risk Acknowledgment:

• The Customer acknowledges and accepts the inherent risks associated with the application of ceramic coating products, including but not limited to, the semi-permanent nature of the coatings and the potential for improper application to damage the surface.
• The Customer agrees to proceed with the application of the products at their own risk and assumes full responsibility for any outcomes resulting from the application process.

6. Inspection and Maintenance:

• The Customer is responsible for inspecting the surface both before and after the application of the products to identify any pre-existing damage or issues.
• The Customer agrees to follow all maintenance instructions provided by Marine Ceramics, LLC to ensure the longevity and effectiveness of the products. Failure to adhere to these instructions may void any product warranties.

By purchasing and using Marine Ceramics, LLC products, the Customer acknowledges and agrees to these terms, accepting full responsibility for the application and any outcomes thereof.

Typographical Errors

In the event that a Marine Ceramics, LLC product is mistakenly listed at an incorrect price, Marine Ceramics, LLC reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Marine Ceramics, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Marine Ceramics, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Marine Ceramics, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination.

Notice

Marine Ceramics, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Marine Ceramics, LLC.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Marine Ceramics, LLC products) shall be in the state or federal courts located in Martin County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Marine Ceramics, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Marine Ceramics, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Marine Ceramics, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Marine Ceramics, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Marine Ceramics, LLC does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Marine Ceramics, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Marine Ceramics, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Marine Ceramics, LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Marine Ceramics, LLC, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Marine Ceramics, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Marine Ceramics, LLC, Marine Ceramics, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Marine Ceramics, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Marine Ceramics, LLC seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).

Messaging Terms

These Messaging Terms ("Terms") govern the use of messaging services provided by Marine Ceramics, LLC ("Company," "we," "us," or "our") to you ("Customer," "you," or "your"). By using our messaging services, you agree to these Terms. If you do not agree to these Terms, please do not use our messaging services.

1. Service Description

Marine Ceramics, LLC provides messaging services that may include SMS, email, or in-app messaging to communicate with you regarding our products, services, promotions, and updates.

2. Consent to Receive Messages

By providing your contact information and opting in to receive messages from us, you consent to receive communications from Marine Ceramics, LLC. You acknowledge that message frequency may vary.

3. Message Content

Messages may include promotional content, updates, transactional information, and other communications related to our products and services. Message content may be personalized based on information you provide to us.

4. Message Rates and Charges

Standard message and data rates may apply according to your mobile carrier's plan. Marine Ceramics, LLC is not responsible for any charges incurred by you as a result of receiving messages from us.

5. Opting Out

You may opt out of receiving messages from Marine Ceramics, LLC at any time by:

• Using the unsubscribe link provided in our messages.
• Replying with "STOP" to opt out of SMS messages.
• Contacting us directly to manage your messaging preferences.

6. Privacy and Data Protection

Your privacy is important to us. Personal information collected through our messaging services will be handled in accordance with our Privacy Policy. By using our messaging services, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy.

7. Service Limitations

We strive to provide reliable messaging services but do not guarantee continuous or uninterrupted service. We reserve the right to suspend, modify, or terminate our messaging services at any time without notice.

8. Disclaimer of Liability

Marine Ceramics, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use our messaging services. This includes damages for lost profits, business interruption, or loss of data, even if advised of the possibility of such damages.

9. Governing Law

These Messaging Terms shall be governed by and construed in accordance with the laws of Palm City, Florida, United States of America, without regard to its conflict of law provisions.

10. Contact Us

If you have any questions about these Messaging Terms or our messaging services, please contact us at info@marineceramics.com

Disclaimers

By agreeing to these Terms and Conditions, you also agree to the terms outlined in our Disclaimer. The Disclaimer provides important information regarding the limitations of liability and the scope of our responsibilities. You can review our full Disclaimer below:

DISCLAIMER:

ALL USERS UNDERSTAND THAT CERAMIC COATINGS ARE A SEMI-PERMANENT COATING AND ASSUMES ALL LIABILITY FOR ITS USE.

MARINE CERAMICS, LLC'S MAXIMUM LIABILITY FOR ANY DAMAGES, WHETHER TO INDIVIDUALS, PROPERTY, OR OTHERWISE, STEMMING FROM A PROVEN BREACH OF EXPRESS OR IMPLIED WARRANTIES, MISREPRESENTATION, PRODUCT ERRORS, FAILURES, OR MALFUNCTIONS, FORMULA, ENGINEERING, OR DESIGN ISSUES, MANUFACTURING OR PACKAGING ERRORS, LABELING MISTAKES, OR PRODUCT UNDER-PERFORMANCE, IS LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT AT THE ORIGINAL PURCHASE TIME (EXCLUDING SHIPPING, HANDLING, TAXES, OR INSTALLATION SERVICES). THE SOLE REMEDY AVAILABLE TO THE CUSTOMER IS THE REFUND OF THE PRODUCT PURCHASE PRICE. BEYOND THIS, MARINE CERAMICS, LLC IS NOT LIABLE UNDER ANY LEGAL THEORY TO ANY CUSTOMER OR ANY OTHER PARTY FOR (A) INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF REVENUES, PROFITS, BUSINESS, OR OTHER ECONOMIC DAMAGES, OR (B) ERRORS IN HANDLING, STORAGE, OR INSTALLATION OR APPLICATION OF ANY PRODUCT, IRRESPECTIVE OF WHETHER MARINE CERAMICS, LLC WAS INFORMED, KNEW, OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OR RISK OF SUCH LOSSES OR DAMAGES.