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General Terms & Conditions

TERMS & CONDITIONS

 

Introduction

These Terms and Conditions of Use (these “Terms of Use”) apply to your use of our Websites, retail stores, social media accounts, and any other Fin Factory Charters, LLC -owned or controlled websites, applications, services, platforms, surveys, programs, promotions, and tools that reference or link to these Terms of Use and their corresponding features (each, a “Site,” and collectively, our “Sites”). Visitors to our Sites are sometimes referred to in these Terms of Use as “you” or “your.” By choosing to visit, shop on, research on, post on, interact with, or otherwise use our Sites, you acknowledge that Fin Factory Charters, LLC has provided valuable consideration by offering the Sites free of charge, and in exchange for that consideration, you accept these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITES. YOUR ACCESS AND/OR USE OF OUR SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS OUR SITES.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices, disclaimers, conditions, rules or other terms located on particular pages of our Sites (the "Additional Terms"), including product sale or discount conditions, marketing or order confirmation emails or text messages, contests, sweepstakes, promotions, or other similar features. Your use of such pages confirms your unconditional acceptance of the Additional Terms. If these Terms of Use conflict with such Additional Terms, such Additional Terms will govern and apply to your use of that portion of our Sites.

Fin Factory Charters, LLC may change these Terms of Use, and all other policies governing our Sites, including with respect to privacy and usage, at any time. We will post the date that these Terms of Use and all other policies governing our Sites, privacy, and usage were last updated. Your continued use of our Sites after changes are posted means that you accept such changes. You are responsible for checking these Terms of Use and all other policies governing our Sites, including those regarding privacy and usage, every time you use our Sites and following the updated Terms of Use and policies. Changes apply from the date reflected in these Terms of Use or such other policies.

 

Accounts

Our Sites allow you to place orders quickly and easily as an unregistered guest or by registering a password protected account. However, some services on our Sites may not be available to you if you do not create an account. If you create an account, you are responsible for: (a) maintaining the confidentiality of your account, account information, username, and password and for restricting access to your account and account information, (b) accepting responsibility for all activities that occur under your account, username, or password, (c) providing true, accurate, current, and complete registration information for all required fields about yourself on all forms you complete; (d) maintaining and updating this information to keep it true, accurate, current; and (e) immediately notifying Fin Factory Charters, LLC of any suspected unauthorized use of your account, account information, username, or password. Your registration on our Sites is personal to you and is not transferable. We are not responsible for any loss that results from unauthorized use of your account or account information. In case of any actual or suspected loss, theft, or unauthorized use of your account or account information, you must immediately notify Customer Care.

 

Ordering

Until the time Fin Factory Charters, LLC ships your order or you pick up your order at one of our stores, Fin Factory Charters, LLC may modify, decline, or cancel your order placed on our Sites, or any portion thereof, even after you receive an order confirmation. We also reserve the right, at our sole discretion, to limit the quantity of items ordered, refuse service to any customer, terminate accounts, remove or edit content, prohibit sales to resellers, dealers, and similar, and/or to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. Some situations where we may cancel your order include inaccuracies or errors in product or pricing information, limited quantities, or problems with the chosen payment mechanism. We may require additional information or need to verify information before accepting your order. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. By placing an order on our Sites, you represent that the items ordered will be used, possessed and transferred only in a lawful manner.

 

Pricing

All prices, features, content, and specifications listed on our Sites are subject to change at any time without notice. Although Fin Factory Charters, LLC strives to provide the most accurate pricing and product information possible, pricing and product information errors may occur on our Sites from time to time. You agree that Fin Factory Charters, LLC is not responsible for any pricing or product information errors. If an item is listed at an incorrect price, Fin Factory Charters, LLC may refuse or cancel any orders placed for that item. Fin Factory Charters, LLC will not charge you more than the listed price for an item without your consent. Sometimes an online price will not match the price in our retail stores, and Fin Factory Charters, LLC may maintain different prices for items offered for sale through different sales channels. Taxes, shipping and handling fees (which may exceed actual shipping costs), and other fees are separate from the price and may vary by jurisdiction, store location, or delivery address or method.

 

Descriptions

Fin Factory strives to be accurate in descriptions of products and services. Except as prohibited applicable law, Fin Factory does not warrant that product descriptions or other content of our Sites are accurate, complete, reliable, current, or error-free. If a product or service offered by Fin Factory is not received as described, your sole remedy is to return it pursuant to the Return Policy. Please note that the actual colors you see for each product will depend on your monitor, and we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, sizing information, and similar descriptions are approximate and are for convenience only.

Certain products or services offered by Fin Factory may have special restrictions or conditions of use, and you can find these unique restrictions and/or conditions of use on our Websites’ page associated with each specific product or service. Fin Factory provides these restrictions and conditions of use, which are provided to Fin Factory by the product manufacturer or distributor, or service provider, as a convenience to our customers. Fin Factory does not warrant that such content is accurate, complete, reliable, current, or error-free. By virtue of your purchase, you will abide by any restrictions and conditions for your purchase, including those specific to your jurisdiction.

 

Payment

Fin Factory Charters, LLC may change accepted payment methods at any time without notice. When you present your payment online, you guarantee that you have the right to use that form of payment. We do not accept personal checks, money orders, or cash payments for online transactions. We may require credit cards and debit cards to be issued by an institution in the United States and/or in the jurisdiction where you are located and to be linked to a billing address in the same jurisdiction.

 

Shipping / In Store Pick up

Shipping and handling fees (which may exceed actual shipping costs) are separate from the product price and may vary by jurisdiction or delivery address or method. When an order is placed for delivery, it will be shipped to the address you designate during the order process, as long as such shipping address is compliant with the shipping restrictions contained on our Sites.

If your order includes multiple items, certain items may ship separately resulting in partial shipments.

The risk of loss and title for your purchase(s) pass to you once we deliver your item(s) to the carrier.

Some items ordered from our Sites may be available for pick up in store. If an item is available for pick up, you will be presented with the option to pick up your item in store when selecting it for purchase. After placing your order, we will send you an email once your order is ready for pick up. We will not have any liability for any order delays.

 

Return Policy

RECEIPT REQUIRED FOR ALL RETURNS OR EXCHANGES. Must be done within 30 days of the original receipt. All items to be returned must be unused and in their original undamaged packaging. Refunds will be tendered under the original form of payment.

ALL SALES FINAL FOR PURCHASES OF KAYAKS. $100 of all kayak deposits are non-refundable in the event you cancel a pre-order.

 

Third Party Links & References

Our Sites may contain links or references to names, marks, products or services of third parties, or links to other Sites on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply Fin Factory Charter LLC’s endorsement, sponsorship or recommendation of the third party or its information, products or services. If you use these references or links, you may leave our Sites and you do so entirely at your own risk. Fin Factory Charters, LLC is not responsible for, and does not make any representations regarding any third party's products, services, practices, policies, or website content.

 

User Generated Content

Users may publicly communicate information to Fin Factory Charters, LLC through the use of our Websites, including notes on message boards, photos, artwork, suggestions, ideas, e-mails, or other similar content (collectively "User Generated Content"). Unless Fin Factory Charters, LLC indicates otherwise, by your posting or otherwise publicly communicating User Generated Content to Fin Factory, you grant Fin Factory a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. You represent and warrant that you own or otherwise control all of the rights to the User Generated Content that you publicly post or otherwise publicly communicate to Fin Factory; that the User Generated Content is accurate; that all so-called “moral rights” in the User Generated Content has been waived; that use of the User Generated Content you publicly supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Fin Factory for all claims resulting from User Generated Content.

User Generated Content does not represent Fin Factory’s views. User Generated Content is not actively monitored by Fin Factory. Fin Factory is not responsible for monitoring any message boards, chat rooms, customized gift messages, or online forums that may be on our Websites. Fin Factory reserves the right to remove or edit any material we deem objectionable, offensive or inappropriate at any time. You are prohibited from posting or transmitting unlawful, threatening, defamatory, disparaging, obscene, inflammatory, discriminatory, harassing, pornographic, profane, or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, cause civil liability, or violate any applicable law. You are solely responsible for any User Generated Content you post, publish or display on our Websites or transmit to others. Fin Factory assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, disparagement, error, omission, inaccuracy, obscenity, pornography, profanity, or danger.

 

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FIN FACTORY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “FIN FACTORY INDEMNITEES”) FROM AND AGAINST ANY AND ALL DIRECT OR THIRD PARTY CLAIMS, LIABILITY, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES) OF WHATEVER NATURE ARISING FROM OR RELATING TO YOUR OR YOUR CHILD’S: MISUSE OF OUR WEBSITES, BREACH OF THESE TERMS OF USE, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, NEGLIGENCE OR WILFUL MISCONDUCT, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.

 

Disclaimer of Warranties and Limited Liability

OUR SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, SPECIFICATIONS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR THROUGH OUR SITES, ARE PROVIDED "AS IS" AND "AS AVAILABLE". FIN FACTORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION, CONTENTS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OUR SITES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIN FACTORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIN FACTORY DOES NOT WARRANT THAT OUR WEBSITES, THEIR SERVERS, OR COMMUNICATIONS SENT FROM FIN FACTORY ARE FREE OF MALWARE. FIN FACTORY ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR MALWARE THAT MAY INFECT YOUR DEVICE(S) DUE TO ACCESSING OUR WEBSITES OR DOWNLOADING OF ANY MATERIALS FROM OUR WEBSITES.

FIN FACTORY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITES, MATERIALS ON OUR WEBSITES, OR THE PRODUCTS OR SERVICES OFFERED BY FIN FACTORY OR ON OUR WEBSITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIN FACTORY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FIN FACTORY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FIN FACTORY, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, FIN FACTORY WILL NOT BE LIABLE FOR ANY DEFAMATORY, DISPARAGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF OUR WEBSITES. IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITES, OR ANY MATERIAL OR CONTENT ON OUR WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITES.

FOR WARRANTIES ON PRODUCTS, PLEASE REFER TO PRODUCT PACKAGING. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, FIN FACTORY MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE.

 

 

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