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terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE AGREEMENT VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS

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This Agreement is subject to and incorporates all instructions, warnings, and terms and conditions contained with the product. By use of the products, you indicate your acceptance of all the terms and conditions of this Agreement.

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   1.  These terms and conditions of commercial sale (the “Terms and Conditions”) of Foil Marine, LLC (the “Seller”) bind the Seller and its customer (the “Buyer”) and apply to and form an integral part of all quotations and offers made by Seller, all acceptances, acknowledgments, and confirmations by Seller of any orders by Buyer and any agreements (“Agreements”) regarding the sale by Seller and purchase by Buyer of goods and services (“Services”), unless and to the extent Seller explicitly agrees otherwise. Seller reserves the right to unilaterally modify or amend any portion of these Terms and Conditions at any time without prior notice. The current version of these Terms and Conditions and any modifications or amendments supersedes all prior versions of these Terms and Conditions. The most current version of these Terms and Conditions may be found at Seller’s website (www.foilmarine.com) and is otherwise available upon request. Buyer must be 18 years or older.

Refund Policy

   2.  Seller only issues a refund within 24 hours as a result of a weather, as determined solely by Seller. The Service is dependent on fair weather.

General Disclaimers

   3.  Seller MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH INFORMATION OR PRODUCTS EXCEPT THAT SELLER WARRANTS THAT IT HAS GOOD TITLE TO THE PRODUCTS AND THE SERVICES WILL CONFORM TO THEN-CURRENT SPECIFICATIONS AT THE TIME OF PARTICIPATION.

   4.  SELLER EXPRESSLY EXCLUDES all conditions, warranties, and terms implied by statute, general law, or custom except any implied condition or warranty which cannot be excluded under any applicable statute. 

   5.  SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions as furnished by Seller in the product packaging.

   6.  Seller excludes all liability to Buyer for any acts or omissions or those of its employees, agents, or contractors arising out of or in connection with the products.

   7.  SELLER SHALL NOT, IN ANY EVENT, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    8.  Buyer acknowledges that it is in the nature of the products and the environment in which they are designed to operate that it is not possible for Seller to give, and Seller does not give, any undertaking or representation, the experience varies. The ocean is inherently dangerous.

    9.  Subject to these conditions, Buyer warrants that it has not relied on any representation made by Seller which has not been stated expressly in a written agreement or upon any descriptions, illustrations, or specifications contained in any document including catalogs or publicity material produced by Seller.

    10.  Arbitration

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, international tort, and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Seller's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  Any Arbitration shall be held in Hawaii County, Hawaii. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

    11.  Governing Law

This Agreement and any sales hereunder shall be governed by the law of the state of Hawaii, without regard to conflict of laws rules.  The Buyer consents to the jurisdiction of the Federal or State courts located in Hawaii County, Hawaii, for purpose of any suit, action, or proceeding arising out of this Agreement.    

    12.  Buyer will indemnify Seller against all claims, damages, or other losses of whatever nature suffered by Seller as a result of its failure to comply with these conditions. 

    13.  Severability

Whenever possible, each provision of these conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held invalid or unenforceable, the remainder of these conditions shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

    14.  Refuse Service

We reserve the right to refuse and further deny service to for any reason without explanation.

    15.  Types of information we collect

 We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

     16.  How we collect information

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

     17.  Why we collect such personal information

We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;

To provide our Users with ongoing customer assistance and technical support;

To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

To comply with any applicable laws and regulations.

     18.  How we store, use, share and disclose our site visitors' personal information

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. We will not sell your personal data. All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

     19.  How we communicate with our site visitors

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

      20.  Use of cookies and other tracking tools

Wix.com uses cookies for important reasons, such as:

  • To provide a great experience for your visitors and customers.

  • To identify your registered members (users who registered to your site).

  • To monitor and analyze the performance, operation and effectiveness of Wix's platform.

  • To ensure our platform is secure and safe to use. 

     21.  How site visitors can withdraw their consent

If you don’t want us to process your data anymore, please contact us at efoilmarine@gmail.com or send us mail to: Foil Marine at P.O. Box 1863 Kailua-Kona HI 96745 USA

     22.  Privacy policy updates

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will not be required to notify you outside of here, that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

     23.  Questions about and changes to your contact information

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at efoilmarine@gmail.com or send us mail to: Foil Marine at P.O. Box 1863 Kailua-Kona HI 96745 USA

     24.  Pictures throughout this website are owned by Foil Marine and Wefoil. All riders are professionals and some images are shown without riders wearing USCG life vests. Please note USCG inflatable vests are stored inside the compartment along with other required safety devices/paperwork. Some boards shown are not registered as this historic footage was from prior to the recent laws classifying efoils as motorized vessels. Riders are now required by the local and federal laws to comply with boaters safety instruction and operate only registered efoils in the state of Hawaii. Wefoil is an approved manufacturer of efoils; each is safety certified with a unique HIN on the vessel. Check with your state for vessel registration requirements and always ride safe.

    25. Rewards program is per customer and points are non transferable. We reserve the right to change or remove the tier levels and rewards program without notice. Points are good throughout the life of the company. You may not combine any other offers or promotions with our Super Points system. Valid only to the customer that earns each point legally and honestly. We will grant an efoil to the first person to accumulate the required amount of points.

   

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